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

Regulations

Immigration Regulations, 2014

39. Administrative offences

 

(1) A foreigner who overstays as contemplated in section 50(1) of the Act shall be informed of his or her undesirability on Form 19 illustrated in Annexure A.

 

(2)
(a) The administrative fine contemplated in section 50(2) of the Act shall be an amount not exceeding R8000 determined by the Minister by notice in the Gazette from time to time.
(b) The person contemplated in section 50(2) of the Act shall be informed of the fine incurred on Form 43 illustrated in Annexure A.

 

(3) The administrative fine contemplated in section 50(3) of the Act shall be an amount, per person, determined by the Minister by notice in the Gazette from time to time.

 

(4) The owner or person in charge of a conveyance contemplated in section 50(3) of the Act shall be informed of the fine contemplated in subregulation (3) on Form 44 illustrated in Annexure A.

 

(5) The administrative fine contemplated in section 50(4) of the Act shall be an amount determined from time to time by the Minister by notice in the Gazette and be issued on Form 45 illustrated in Annexure A.

 

(6) The administrative fine contemplated in—
(a) section 50(4)(a) of the Act shall be an amount per person determined from time to time by the Minister by notice in the Gazette; and
(b) section 50(4)(b) of the Act shall be an amount per person determined from time to time by the Minister by notice in the Gazette.

 

(7) A conveyor who does not adhere to the boarding directive issued based on submitted information, shall be liable to a fine per person as determined from time to time by the Minister by notice in the Gazette.

 

(8) A conveyor who transmits inaccurate information contemplated in section 35(2)(b) or 35(3)(b) of the Act shall be liable to a fine as determined by the Minister from time to time by notice in the Gazette, per each incorrect transmission.

 

(9) The administrative fine for the owner or person in charge of a conveyance who fails to comply with the provisions of section 50(4)(a) or (b) of the Act shall be an amount per person determined from time to time by the Minister by notice in the Gazette.