Statistics Act, 1999
R 385
Immigration Act, 2002 (Act No. 13 of 2002)RegulationsImmigration Regulations, 201434. Duties with regard to conveyances |
| (1) | The conveyances contemplated in section 35(2)(a) of the Act are— |
| (a) | any aircraft; |
| (b) | any maritime vessel; and |
| (c) | any other conveyance determined by the Director-General from time to time by notice in the Gazette, |
carrying persons or goods for commercial purposes arriving from or departing to a foreign state.
| (2) | The information contemplated in section 35(2)(b) of the Act is required in respect of all persons, including passengers, crew and any other person intending to enter into, depart from or transit through the Republic, and shall include the following with regard to such persons: |
| (a) | family and given names; |
| (b) | date of birth; |
| (c) | sex; |
| (d) | travel document type; |
| (e) | nationality; |
| (f) | travel document number; |
| (g) | issuing state; |
| (h) | expiry date; |
| (i) | passenger or crew indicator; |
| (j) | flight/vessel identification; |
| (k) | direction, whether inbound or outbound; |
| (I) | port of departure or arrival port in the Republic; |
| (m) | date of departure from or arrival in the Republic; and |
| (n) | time of departure from or arrival in the Republic. |
| (3) | The owner or person in charge of the conveyance contemplated in subregulation (1) is required to have the means to electronically submit the information contemplated in subregulation (2) to the Director-General through the communication channel provided by the Director-General. |
| (4) | The period contemplated in section 35(2)(b) of the Act shall be, in respect of— |
| (a) | conveyances by air, immediately before departure; |
| (b) | conveyances by sea, 72 hours to 30 days prior to boarding persons onto the conveyance or if the complete voyage is less than 72 hours, prior to departure from the last international port prior to arriving in the Republic; and |
| (c) | any other conveyance contemplated in subregulation 1 (c), before departure. |
| (5) | The owner or person in charge of the conveyance contemplated in section 35(3)(a) of the Act shall have the means to electronically transmit the passenger name record information from the passenger reservation and ticket, which shall include— |
(a) the date of reservation;
(b) the dates of intended travel;
(c) the first name and surname;
(d) other names on the passenger name record;
(e) all forms of payment information;
(f) the billing address;
(g) the contact telephone numbers;
(h) all travel itinerary for that specific passenger name record;
(i) the frequent flyer information, limited to miles flown and addresses;
(j) the travel agency;
(k) the travel agent;
(l) the split or divided passenger name record information;
(m) the ticketing field information;
(n) the ticket number;
(o) the seat number;
(p) the date of ticket issuance;
(q) no show history;
(r) the bag tag numbers;
(s) the number of bags;
(t) the record locator;
(u) the weight of the bags;
(v) the go show information;
(w) the seat information;
(x) whether the tickets are one-way tickets;
(y) any information collected as contemplated in subregulation (2);
(z) standby; and
(aa) names of passengers who have been taken off the flight.
| (6) | The owner or person in charge of the conveyance is required to employ the means to electronically transmit the information contemplated in subregulation (5) to the passenger name record system. |
(7) The period contemplated in section 35(3) (b) of the Act shall be at the close of the flight.
| (8) | In safeguarding the protection of the information as contemplated in section 35(3)(c) of the Act, the Director-General shall— |
| (a) | apply the necessary security measures to ensure the integrity of personal information and take appropriate, reasonable, technical and organisational measures to prevent the— |
| (i) | loss of, damage to or unauthorised destruction of personal information; and |
| (ii) | unlawful access to or processing of personal information; |
| (b) | treat such personal information as confidential and not disclose it, unless required by law; |
| (c) | ensure that any person who processes such personal information establishes and maintains the security measures referred to in paragraph (a); and |
| (d) | where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, refer such matter to the relevant law enforcement agency to deal with such person. |
| (9) | The list of passengers, crew or medical return contemplated in section 35(5)(a), (c) or (d) of the Act shall be on Form 39 illustrated in Annexure A and not be required where subregulation (2) has been complied with. |
| (10) | The list of stowaways contemplated in section 35(5)(b) of the Act shall be on Form 40 illustrated in Annexure A. |
| (11) | The limit contemplated in section 35(6) of the Act shall not exceed the total of the following amounts: |
| (a) | the cost of a single ticket for the deportation of the passenger to his or her country of origin; |
| (b) | the cost of a return ticket to the country of origin, subsistence and travel costs and allowances for an escort in the event that such a service may be required upon deportation; and |
| (c) | the detention and related costs pending the deportation of the passenger: Provided that if a passenger contemplated in that section is a stowaway and is not declared on the list contemplated in section 35(5)(b) of the Act, an additional amount as determined annually by the Minister by notice in the Gazette shall be forfeited to the State. |
| (12) | The master or owner of a ship or an agent representing that master or owner shall, prior to departure of that ship, complete and submit Form 41 illustrated in Annexure A. |
| (13) | The certificate contemplated in section 35(8) of the Act shall be on Form 42 illustrated in Annexure A. |
| (14) | A person conveyed as contemplated in section 35(10) of the Act shall be informed of his or her refusal of admission on Form 37 illustrated in Annexure A, and the person in charge of the conveyance shall be informed of his or her obligations in terms of that section on Form 38 illustrated in Annexure A. |
| (15) | Any deportation order issued to an illegal foreigner shall also be provided to the owner or person in charge of a conveyance that transported such foreigner to the Republic and responsible for his or her removal from the Republic. |
| (16) | The person in charge of a conveyance responsible for the removal of a person contemplated in subregulation (15) shall provide to the immigration officer a receipt as proof of having conveyed the illegal foreigner back to his or her country of embarkation. |
