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


Immigration Regulations, 2014

26. Prohibited persons


(1) The diseases or viruses contemplated in section 29(1)(a) of the Act are those referred to in the regulations promulgated under the International Health Regulations Act, 1974 (Act No. 28 of 1974), and any other disease or virus rendering a person inadmissible as may be determined by the Department of Health from time to time in terms of the applicable legislation.


(2) An immigration officer who has reasonable suspicion that a person reporting to him or her at a port of entry is infected with a disease or virus contemplated in subregulation (1), shall refer that person to the port health officer and after consultation with that officer determine his or her admissibility.


(3) Where a port health officer is not present at a port of entry, a person contemplated in subregulation (2) shall be refused admission, unless a registered medical practitioner certifies that such person is not infected with a disease contemplated in subregulation (1).


(4)        If a prohibited person contemplated in section 29(1)(c) of the Act—

(a) has deposed to an affidavit illustrating to the satisfaction of the Director-General that he or she shall comply with the provisions of the Act;
(b) has been absent from the Republic for a minimum period of four years; and
(c) has provided a police clearance certificate,

the Director-General may rehabilitate that person by granting him or her a status after having considered his or her application for a status.


(5) A person rehabilitated as contemplated in subregulation (4) shall not be exempt from the requirements of a port of entry visa.


(6) The Director-General shall, in declaring a person not to be a prohibited person, consider the following factors:
(a) the reasons for the prohibition;
(b) the seriousness of the offence committed; and
(c) representations made by the prohibited person, which should include a police clearance certificate.


(7) The Director-General shall, upon making a decision as contemplated in section 29(2) of the Act, provide written reasons for such decision.