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


Immigration Regulations, 2014

38. Other institutions


(1) The institutions or persons contemplated in section 45 of the Act are—
(a) banking and other financial institutions, including micro financiers;
(b) estate agents and insurance companies and brokers;
(c) private hospitals and clinics;
(d) employment agencies;
(e) institutions recognised through a process of the National Qualifications Framework Act; and
(f) learning institutions.


(2) In ascertaining status or citizenship as contemplated in section 45 of the Act, the passport or identity document of the person shall be scrutinised by the institution or person referred to in subregulation (1) with a view to satisfying itself, himself or herself that, on the face of it, the passport or identity document, as the case may be, belongs to the person presenting it and, in the case of a foreigner, he or she is legally in the Republic.


(3) The commercial transactions contemplated in section 45 of the Act are—
(a) in respect of subregulation (1)(a), the securing of loans and bonds, whether a housing loan secured by a mortgage bond over property or a loan secured by a special notarial bond over movable property, money transfers and the opening of bank accounts, excluding investment accounts;
(b) in respect of subregulation (1)(b), facilitation of the purchase, sale or leasing of fixed property or the facilitation of the purchase of insurance policies of any nature;
(c) in respect of subregulation (1)(c), when admitting or registering a patient;
(d) in respect of subregulation (1)(d), when assisting a foreign workseeker; and
(e) in respect of subregulation 1 (e) and (f), when admitting or registering a student.