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

Exclusions and Exemptions

31. Exemptions


(1) The following persons or categories of persons are not illegal foreigners
(a) a member of a military force of a foreign state which has been granted consent by the Government of the Republic to enter the Republic, while such consent subsists; and
(b) the officers and crew of a public conveyance of a foreign state, while such conveyance is in the port of entry.


(2) Upon application, the Minister, may under terms and conditions determined by him or her :
(a) allow a distinguished visitor and certain members of his or her immediate family and members in his or her employ or of his or her household to be admitted to and sojourn in the Republic, provided that such foreigners do not intend to reside in the Republic permanently;
(b) grant a foreigner or a category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist which would justify such a decision: Provided that the Minister may –
(i) exclude one or more identified foreigners from such categories; and
(ii) for good cause, withdraw such right from a foreigner or a category of foreigners;
(c) for good cause, waive any prescribed requirement or form; and
(d) for good cause, withdraw an exemption granted by him or her in terms of this section.


(3) The provisions of sections 10 and 25 shall not apply to a foreigner—
(a) who prior to 1 February 1937 lawfully entered the Republic for the purpose of permanent residence therein;
(b) who by virtue of the Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001), enjoys any immunities and privileges in the Republic; or
(c) to whom a written authority or permission to enter the Republic has been issued in terms of section 1 or 3 of the Immigration Quota Act, 1930 (Act No. 8 of 1930), and who entered the Republic within the period stated in that authority or visa or within that period as lawfully extended