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

Objectives and Structures of Immigration Control

4. Immigration Advisory Board


(1) The Immigration Advisory Board is hereby established.


(2) The Board shall consist of—


(aa) the Director-General;
(bb) the Head of the Immigration Services Branch of the Department;
(ii) any representative, at least equivalent to the rank of Deputy Director-General, from any department or organ of state whom the Minister considers relevant;
(iii) a person representing organised business;
(iv) a person representing organised labour; and
(v) up to five individual persons appointed by the Minister in the prescribed manner on the basis of their knowledge, experience and involvement pertaining to immigration law, control, adjudication or enforcement.
(b) The Minister shall designate from the members of the Board a Chairperson and Deputy Chairperson of the Board.

[Section 4(2) amended by section 3(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]


(3) [Section 4(3) deleted by the Immigration Amendment Act, 2004 (Act No. 19 of 2004)]


(4) A member of the Board referred to in subsection (2)(a) (iii), (iv) and (v) shall—
(a) serve for a four-year-term, at the expiry of which they shall be eligible for one or more re-appointments, provided that the Minister may elect to fill any vacancy which may occur by appointing a person for the unexpired portion of the term of the member in whose place such person is appointed;
(b) at no time—
(i) be or become an unrehabilitated insolvent;
(ii) be or have been judicially declared of unsound mind;
(iii) suffer an infirmity of mind or body preventing him or her from the proper discharge of the duties of his or her office;
(iv) be convicted by final conviction or sentence of an offence without the option of a fine;
(v) be or become a political office bearer; or
(vi) be or have been removed from an office of trust on account of misconduct involving theft or fraud;
(c) cease to be a member—
(i) on resignation;
(ii) if requested by the Minister to resign for good cause;
(iii) if he or she fails to attend two consecutive meetings of the Board, unless his or her apology has been accepted by the Board; or
(iv) if he or she becomes disqualified in terms of this Act; and
(d) be paid such remuneration and be entitled to such benefits and allowances as determined from time to time by the Minister after consultation with the Director-General and with the approval of the Minister of Finance.

[Section 4(4) amended by section 3(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]


(5) The Administrative work connected with the performance of the functions of the Board shall be performed by officers of the Department, designated by the Director-General for that purpose.


(6) [Section 4(6) deleted by the Immigration Amendment Act, 2004 (Act No. 19 of 2004)].


(7) The Minister may dissolve the Board on such terms and conditions as he or she sees fit, provided that a new Board shall be convened within 90 calendar days.


(8) [Section 4(7) deleted by the Immigration Amendment Act, 2004 (Act No. 19 of 2004)]


(9) Subject to this Act, the Board shall operate and meet as prescribed.