| (1) |
The Minister may, after consultation with the Board, make regulations relating to— |
| (a) |
the powers and duties of immigration officers; |
| (b) |
the steps to be taken to prevent the entry of illegal foreigners into the Republic and to facilitate the tracing and identification of illegal foreigners in, and their removal from, the Republic; |
| (c) |
the procedure regulating the entry into and departure from the Republic of persons at a port of entry, and the requirements and terms and conditions to be complied with at such a port; |
| (d) |
the times and places of, and the manner of conducting, an enquiry relating to, or the examination of, persons entering or desiring to enter the Republic or who, having been found in the Republic, are suspected of being prohibited persons or unlawfully resident therein; |
| (e) |
a port of entry visa, visas, permanent residence permits and the certificates which may be issued under this Act, the requirements for the issuing of a port of entry visa, visas, permanent residence permits and certificates and terms and conditions to which such a port of entry visa, visas, permanent residence permits or certificates may be subjected, and the circumstances under which such a port of entry visa, visas, permanent residence permits or certificates may be cancelled or withdrawn; |
[Section 7(1)(e) amended by section 4(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (f) |
the terms and conditions upon which prohibited persons may be allowed to pass through the Republic while journeying or being conveyed to a place outside the Republic; |
| (g) |
the forms of warrants, permanent residence permits, a port of entry visa, visas, certificates or other documents to be issued or used, or of declarations to be made or of registers to be kept, for the purposes of this Act, and the particulars to be provided on or inserted in any such document, declaration or register; |
[Section 7(1)(g) amended by section 4(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (h) |
the fees that may be charged in respect of overtime services required to be performed by immigration officers; |
| (i) |
the fees that may be charged in respect of the application for and issuing of a port of entry visa, visas, permanent residence permits and certificates and other services rendered in terms of this Act, including advance passenger processing and passenger name record information transmission; |
[Section 7(1)(i) amended by section 4(c) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (j) |
the steps to be taken to prevent the departure from the Republic of a person not in possession of a passport or other appropriate documentation; |
| (k) |
[Section 7(1)(k) deleted by Act No. 13 of 2011]; |
| (l) |
the manner in which payment of a deposit contemplated in section 34(3) may be enforced; |
| (m) |
the steps to be taken to ensure proper exploitation of the local labour market before a work visa is issued in terms of section 19; |
| (n) |
the circumstances whereunder and the manner in which a penalty shall be incurred by and recovered from the owner, agent, charterer or person in charge of a conveyance and who conveyed a foreigner contemplated in section 35(9) to the Republic; |
[Section 7(1)(n) amended by section 4(e) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (o) |
any matter that may be prescribed under this Act; and |
| (p) |
generally, any matter required for the better achievement of the objects and purposes of this Act. |
| (2) |
Different regulations may be made under subsection (1)(c) in respect of different ports of entry, and the forms of warrants, permanent residence permits, a port of entry visa, visas, certificates, documents, declarations or registers prescribed under subsection (1)(g) may differ in respect of different categories of persons. |
[Section 7(2) amended by section 4(f) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
| (3) |
A regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine, or to imprisonment for a period not exceeding 12 months. |
| (a) |
exempt a person or category of persons from paying fees prescribed under subsection (1)(h); and |
| (b) |
withdraw an exemption granted to a person or a category of persons under paragraph (a). |
| (5) |
Any fee which may be prescribed under subsection (1) shall be prescribed by the Minister with the concurrence of the Minister of Finance. |
Statistics Act, 1999
