Acts Online
GT Shield

Immigration Act, 2002 (Act No. 13 of 2002)

Exclusions and Exemptions

30. Undesirable persons


(1) The following foreigners may be declared undesirable by the Director-General as prescribed, and after such declaration do not qualify for a port of entry visa, admission into the Republic or a permanent residence permit—
(a) Anyone who is or is likely to become a public charge;
(b) anyone identified as such by the Minister;
(c) anyone who has been judicially declared incompetent;
(d) an unrehabilitated insolvent;
(e) anyone who has been ordered to depart in terms of this Act;
(f) anyone who is a fugitive from justice;
(g) anyone with previous criminal convictions without the option of a fine for conduct which would be an offence in the Republic, with the exclusion of certain prescribed offences; and
(h) any person who has overstayed the prescribed number of times.

[Section 30(1) amended by section 20 of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]


(2) Upon application by the affected person, the Minister may, for good cause, waive any of the grounds of undesirability.