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

Admission and Departure

9. Admission and departure

 

(1) Subject to this Act, no person shall enter or depart from the Republic at a place other than a port of entry.

 

(2) Subject to this Act, a citizen shall be admitted, provided that he or she identifies himself or herself as such and the immigration officer records his or her entrance.

 

(3) No person shall enter or depart from the Republic—
(a) unless he or she is in possession of a valid passport, and in the case of a minor has his or her own valid passport;
(b) except at a port of entry, unless exempted in the prescribed manner by the Minister, which exemption may be withdrawn by the Minister;
(c) unless the entry or departure is recorded by an immigration officer in the prescribed manner; and
(d) unless his or her relevant admission documents have been examined in the prescribed manner and he or she has been interviewed in the prescribed manner by an immigration officer: Provided that, in the case of a child, such examination and interview shall be conducted in the presence of the parent or relative or, if the minor is not accompanied by the parent or relative, any person of the same gender as the minor; and

[Section 9(3) amended by section 5(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]

 

(4) A foreigner who is not the holder of a permanent residence permit contemplated in section 25 may only enter the Republic as contemplated in this section if—
(a) his or her passport is valid for a prescribed period; and
(b) issued with a valid visa, as set out in this Act.

[Section 9(4) amended by section 5(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]