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Government GazetteREPUBLIC OF SOUTH AFRICAVol. 443Cape Town31May2002No. 23478THE PRESIDENCYNo. 76631 May 2002It is hereby notified that the President hasassented to the following Act, which ishereby published for generalinformation:–No. 13 of 2002: Immigration Act, 2002.AIDS HELPLINE: 0800-123-22 Prevention is the cure
2No. 23478GOVERNMENTGAZETTE,Act No. 13,20023 1 MAY 2002IMMIGRATION ACT, 2002GENERAL EXPLANATORY NOTE:[]Wordsboldintype in square bracketsindicateexisting enactments.Words underlinedwithexisting enactments.omissionsfroma solid lineindicateinsertionsin(English text signed by the President.)(Assented to 30May 2002.)ACTTo provide for the regulation of admission of persons to, their residence in, andtheir departure from the Republic; and for matters connected therewith.PREAMBLEIn providing for the regulation of admission of foreigners to, their residence in. andtheir departure from the Republic and for matters connected therewith. the Immigration Act aims at setting in place a new system of immigration control whichensures thattemporary and permanent residence permits are issued as expeditiously aspossible and on the basis of simplified procedures and objective, thout consuming excessiveadministrative capacity;security considerations are fully satisfied and the State retains control on theimmigration of foreigners to the Republic;interdepartmental coordination constantly enriches the functions of immigration control and that a constant flow of public inputs is present in furtherstages of policy formulation. including regulation making;the needs and aspirations of the age of globalization are respected and theprovisions and the spirit of the General Agreement on Trade in Services iscomplied with;border monitoring is strengthened to ensure that the borders of the Repddicdo not remain porous and illegal immigration through them may be effectivelydetected. reduced and deterred;ports of entry are efficiently administered and managed:immigration laws are efficiently and effectively enforced, deploying to thisend significant administrative capacity of the Departtnent of Home Affairs.thereby reducing the pull factors of illegal immigration;the South Africaneconomy may have accessat all times to the full measureofneeded contributions by foreigners;
No. 234784Act No. 13.2002GOVERNMENTGAZETTE.3 1 MAY 2002IMMIGRATION ACT. 2002thecontribution of foreigners in theSouthAfricanlabourmarketdoes notadversely impact on existing labour standards and the rights and expectationsof South African workers;(j) a policy connection is maintained between foreigners working in South Africaand the training of our nationals;( k ) pushfactors of illegalimmigration may be addressed in cooperation withother Departments andthe foreign states concerned;( I ) immigration control is performed within the highest applicable standards ofhuman rights protection, and( m ) xenophobia is preventedandcounteredbothwithin Government andciyilsociety.(i)BE IT ENACTED by theParliamentfollows:-of theRepublicof South Africa.asTABLE OF CONTENTSSections5Definitions1.OBJECTIVES AND STRUCTURES OF IMMIGRATION CONTROL2.3.4.5.6.7.8.Objectives and functions of immigration controlPowers of the DepartmentImmigration Advisory BoardFunctions of BourdInter-departmental co-operationRegulation makingAdjudication and review procedures10ADMISSION AND DEPARTURE9.Admission and departure15TEMPORARY .24.Temporary residence permitsVisitor’s permitDiplomatic permitStudy permitTreaty permitBusiness permitCrew permitMedical treatment permitRelative’s permitWork permitsRetired person permitCorporate permitExchange permitAsylumCross-border and transit passes303530PERMANENT RESIDENCE25.26.27.28.Permanent residenceDirect residenceResidence on other groundsWithdrawal of permanent residence35
6No. 23178GOVERNMENTGAZETTE.Act No. 13,20023 I MAY 2002IMMIGRATION ACT, 2002EXCLUSIONS AND EXEMPTIONS29.30.31.Prohibited personsUndesirable personsExemptionsENFORCEMENT AND MONITORING32.33.34.35.36.Illegal foreignersInspectorateDeportation and detention of illegal foreignersShipsMonitoring entries in Republic and exits510IMMIGRATION COURTS37.Immigration CourtsDUTIES AND OBLIGATIONS38. Employment39. Learning institutions40. Accommodation41. Identification42. Aiding and abetting illegal foreigners43. Obligation offoreigners4. Organs o f State45. Other institutions1520MISCELLANEOUS46.47.48.Immigration practitionersInternal monitoring and controlForeigners erroneously allowed to enter Republic25OFFENCES49.50.OffencesAdministrative offencesTRANSITIONAL PROVISIONS51.52.53.54.55.Transitional definitionsFunctions o f Department and BoardExisting permitsRepeal of lawsShort title and commencementSCHEDULESSchedule 1 : Offences referred to in section 28(a) and (b) of the ActSchedule 2: Offences referred to in section 28(6) of the ActSchedule 3: Laws repealed or amended3035
8No. 23378Act No. 13,2002GOVERNMENTGAZETTE.3 1 MAY 2002IMMIGRATION ACT, 2002Definitions and interpretation1. ( 1 ) In this Act, unless the context indicates otherwise(i) “admission” means entering the Republic at aport of e n t n on the basis of theauthority to do so validly granted by this Act or by an immigration officer interms of thisAct, andtheverb “to admit” has a correspondingmeaning:(ii) “application” means a request in the prescribed form which complies withthe requirements and provides the information and documentation whichmaybe prescribed;(iii) “Board” means the Immigration Advisory Board contemplated in section 4 of5thisAct;10(iv) “border” means the national borders of the Republic and includes ports ofentry, coastlines and the outer margin of territorial waters;(v) “charteredaccountant” means a person referred to in section 1 of theChartered Accountants Designation (Private) Act, 1993 (Act No. 67 of 1993)andincludes an accountant, other than a chartered a c o u t awhon t . is 1.5recognised as such under any law and who has been specifically or generallydelegated by a charteredaccounratztto perform any or all activitiescontemplated in this Act;(vi) “citicen” has the meaning assigned thereto in the South African Citizenship1995Act,and“citizenship” has a correspondingmeaning;20(vii) “corporate applicant” means a juristic person established under the laws ofthe Republic or of a foreign countn which conducts business. not-for-gain.agricultural or commercial activities within the Republic and which appliesfor a corporate permit referred to in section 21 of this Act:(viii) “Court” means an Immigration Court established in terms of section 37 of 25this Act;(ix) “c*ustomar union” means a conjugalrelationshipaccording to indigenouslaw and custom and which is recognised and documented as prescribed:(x) ”Department” means the Departmerzt of Home Affairs;(xi) ”departure” means exiting the Republic from a port ofenrr? in compliance 30with this Act and the verb to depart” has a corresponding meaning;(xii) ”deportation“ means the action or procedureaimed at causing an illrgtrlforeigner to leave the Republic involuntarily, or under detention in terms ofthis Act and the verb “to deport” has a corresponding meaning;(xiii) “Director-General” means the Director-General of the Deprtmerlt;3.5person contractually bound by the applicable(xiv) “employer” includestheemployment contract as an emplo!er or. in the case of a juristic person. itschief executive officer or the person to whom such officer has delegated thefinal responsibility in respect of personnel matters:(xv) ”foreigncountry” means a country other thantheRepublic:40(xvi) ’foreign state” means the juristic entity governing a for-eigrl courltr?.:(xvii) ’foreigner” means an individual who is neither a ciri:en nor a resideut. but isnot an illegal foreigner:(xviii) ”illega1,foreigner” means an foreigner who is in the Republic in contravention ofActthis includesanda prohibited person;4.5(xix) ”immediate family” means persons within the second step of kinship. wheremarriage or a spousal relationship is counted as one of such steps. but anycommon antecedent is not so counted:“
10’GOVERNMENT GAZETTE. 31 MAY 2002No. 23478Act No. 13,2002IMMIGRATIONACT,2002(xx) “immigration oflcer” means an officer of the Department. or another personhaving the prescribed requirements, appointed as such from time to time bythe Deparrment and, forpurposes of this Act,includes a person employed in.or contracted by, the Department who hasbeen authorised by the Deparrmentto exercise certain powers and perform certain functions in thename of and on 5behalf of the Department;(xxi) “marriage” means a legally sanctioned conjugal relationship intended to bepermanent and concludedunder the laws of the Republic, or under the laws ofa foreign country as prescribed from time to time, and includes a C L I S I O I L I I union;10(xxii) “master” means themaster of a ship and refers to the person who at any giventime is in charge or command of a ship;(xxiii) “Minisrer” means the Minisrer of Home Affairs;(xxiv) “organ of State” has the meaning defined in section 239 of the Constitution:(xxv) “owner” means the owner of record and, in the case of a ship, it includes the 15charterer of the ship and any agent within the Republic of the obL’ner or thecharterer:(xxvi) “passport” means any passport or travel document containingthe prescribedinformation and characteristics issued( a ) undertheSouth AfricanPassportandTravelDocumentAct. 1994:30( b ) on behalf of a foreign stare recognised by theGovernment of theRepublic to a person who is not a citizen;( c ) on behalf of any international organisation prescribed from time to time.including regional or sub-regional ones, to a person who is not a citixw:and25( d ) any other documentapproved by the Director-General after consultationwith the Minisrer and issued under specialcircumstances to a person whocannot obtain a document referred to in paragraphs ( a ) to (c);(xxvii) “port ofenrry” means a place prescribed from time to time where aJbreignerhas to report before he or she may move, sojourn or remain within. or enter the 30Republic:(xxviii) “premises” means any building, structure or tent together with the land onwhich it is situatedand the adjoining land used in connection with it andincludes any land without any building, structure or tent and any vehicle.35conveyance, or ship;(xxix) “prescribed” means provided for by regulation, the verb “to prescribe“ has acorresponding meaning and “prescribed from time to time“ refers to section7(2);(xxx) “prohibited person” means any person referred to in section 29 of this Act:(xxxij “publish” means publish by notice in the Gouernmetzt Gtrzette and. to the 40extent possible and feasible under the circumstances, conveyby mail or email to parties or stakeholders who have requested their inclusion or havebeen included in mailing lists to be maintained by the Deparrment in respectof subject matters in respect of which public input is called for by this Act.prescribed. advisable or expedient:45(xxxii) “regularions” means generil rules adopted by the Minister after consultationwith the Board in terms of this Acr and published:(xxxiii) “Republic” means the Republic of South Africa and its territory:
12GOVERNMENTNo. 23478Act No. 13,2002GAZETTE. 3 1 M.AY 2002IMMIGRATION ACT, 2002(xxxiv) “resident” means the holder of a permanent residence permit referred to insection 25 of this Act;(xxxv) “ship” includes any vessel, boat, aircraft or other prescribed conveyance;(xxxvi) “spouse” means a person who is party to a marriage, or a customary urlion,orto a permanenthomosexual or heterosexualrelationshipwhichcallsfor 5cohabitation and mutual financial and emotional support, and is proven by aprescribed affidavit substantiated by notarialacontractand”spousalrelationship” has a corresponding meaning;(xxxvii) “status” means the permanent or temporan residence issued to a person interms of this Act and includes the rights and obligations flowing therefrom,10including any term and condition of residence imposed by the Departmentwhen issuing any such permits;(xxxviii) “temporary residence” means a permit referred to in section 10 of this Act:(ixl) “this Act” means this Act, including its schedules,andincludestheregulationsthereto;made pursuant15(xl) “training fund” means the public record referred to in section 2(2)(gl(iiofthis Act;(xli) “undesirable person” means a person referred to in section 30 of this Act:(xlii) “visa” means the prescribed endorsement issuedupon application on thevalid passport of a foreigner granting such foreigner the authority to proceed 20to the Republic to report for a prescribed examination to an immigrationofficer at the port of entry with a view to admission on a specified ternpornnresidence, whichatany time before adtnission may bewithdrawn by theDepartment;(xliii) “tc.ork” means business, commercial or remunerativeactivities within the 25Republic, excluding work on the basis of a permit referred to in sections 12 or14. or work for a foreign employer pursuant to a contract which onlypartiallycalls for activitiesin the Republic, or work as a business or profession mainlybased outside the Republic but requiring activities within the Republic.(2) In sections 15. 18, 19, 21, 26 and 27. whenever a certificate by a chc rtered 30accountant is called for. the applicant may instead elect that such certificate be furnishedby another person to whom the facts contained in the certificate are known, but in e\.erycase where the certificateis issued to a person other than a chartered c c o itt shallznr.be necessary for the Department to verify the facts itself.OBJECTIVES AND STRUCTURES OF IMMIGRATION CONTROL35Objectives and functions of immigration control2. (1) In the administration of this Act, the Department shall pursue the followingobjectives:( a ) Promoting a human-rights based culture in both government and civil societyin respect of immigration control;40( b ) facilitating and simplifying the issuance of permanentandtenyoranresidences to those whoare entitled to them.and concentrating resources andeforts in enforcingthis Act at community level anddiscouraging illegdforeigners;f c ) detectingdeportingandillegal foreigners;45
No. 2347814 Act No. 13,2002areGOVERNMENTGAZETTE.3 1 MAY 2002 IMMIGRATION ACT, 2002creating a climate of cooperation with other organs of State to encourage themto takeresponsibility in implementing [his Act withintheambitof theirrespective powers and functions;preventing and deterring xenophobia within the Department, any sphere ofgovernment or organ of State and at community level;5creating a climate of cooperationwith communitiesand organs of civilsociety,includingtradeunions,toencourage them to cooperate with theDepartment to implement this Act;promoting a climate within the Republic which encourages illegal foreignersto depart voluntarily;10ensuring that, subject to this Act, migration to and from the Republic takesplace only at ports of entry and illegal crossing of the borders is deterred,detected and punished;promoting integration of functions. harmonisation and cooperative relationsamong all organs of State with responsibilities in respect of controlling the 15borders and activities at ports of entry;regulating the influx of foreigners and residents in the Republic to(i) promote economic growth, inter alia. by( a a ) ensuring that businesses in the Republic may employ foreignerswhoneeded;20(bb) facilitatingforeigninvestments, tourismandindustriesin theRepublic which are reliant on international exchanges of people andpersonnel;(cc) enabling exceptionally skilled or qualified people to sojourn in theRepublic;25(dd) increasing skilled human resources in the Republic;(eel facilitating the movement of students and academic staff within theSouthern African Development Community forstudy, teaching andresearch; andtourism;( )promoting30(ii) where applicable. encouraging the training of citizens and residents byemployers to reduce employers’s dependence on foreigners‘ labour andpromote the transfer of skills from foreigners to citizens and residents:(iii) enablefamilyreunification;administeringthe prescribed fees, fines and other payments it exacts or 35receives in such a fashion as to defray the overall cost of its oDerationadministering refugee protection andrelated legislation:( m ) administering citizenship by naturalisation and incidentalmatters relatingthereto; and( n ) facilitating compliance withthe Republic’s internationalobligations.40( 2 ) In order to achieve the objectives set out in subsection ( l ) , the Deparrlnent shall( a ) inspect workplaces in the prescribed manner to ensure that no illegal foreigneris employed and that foreigners. if any, are employed in the job descriptionand at the termsand conditions set outin their temporan residences, and tl nrthe relevant training fees, if any are paid:45( b ) inspect institutions of learning to ensure that illega1,foreigners are not enrolledtherein:( e ) liaise with the South Africa Police Service to-
16No. 23478Act No. 13, 2002GOVERNMENT GAZETTE. 3 I M24Y2002IMMIGRATION ACT, 2002(ij ensure that the identity of people who are arrested, detained or convictedis checked for purposes of this Act; and(ii) educate and instruct law-enforcing agencies to detect illegal foreignersand report them to the Department;liaise with the South African Revenue Service to ensure that the identity ofpeople whocontravene theprovisions of the lawsadministered by theCommissionerfor the South African RevenueServices is checked forpurposes of this Act:educate communities and organs of civil society on the rights of foreigners,illegcd foreigners andrefugees,andconductother activities to preventxenophobia;in cooperation with the Department of Foreign Affairs(i) promote programmes in foreigncountries with theaim ofdetemngpeople from becoming illegal foreigners; and( i i j tablethe need for cooperation in preventingmigrationtowardstheRepublic on the agenda of relationswith foreign states, negotiatingappropriate measures and agreements with suchforeign states:maintain public records showing funds received or collected(i) under this Act from employers as training fees or fines. which. in theprescribed percentage, shall be known as the training j h d ;(ii) from foreign stares to defray the cost of repatriating illegal foreignersoriginating from theircountry, as determinedthroughinternationalrelations and agreements;(iii) from donors or other sources: and( i v j from other fees and fines imposed or exacted by the Deppartrnent in termsof rhis Act which, in the percentageprescribed from time to time. shall beknown as the judicial assistance fund:monitorandexactcompliance from any person or entityexercisingresponsibilities or bearing duties or obligations in terms of t h i s Act;deport illegal foreigners who are unwilling to leave the Reprhlic voluntarily;train its investigative unit to detect illegal ,foreigners. monitor compliancewith the terms and conditions of permits, control borders. and perform anyother function under rhis Act or which may be delegated to it:be empowered to contractthroughpublictenderwith privatepersons toperform under its control any of its functions, including but not limited todetaining and escorting illegal foreigners for deportation purposes andmanning ports of entry;administer ports of entry and monitor borders in terms of section 36 of thisAct; andconduct any other activity called for by r h i s Acr or necessary for or conduciveto its implementation.Powers of Department3. ( 1 ) Subject to. and for the purposes of. rhis Acr, through its duly authorised officers.the Depc rrtnenrmay-510152025303540
18GOVERNMENTGAZETTE.No. 23178Act No. 13.2002IMMIGRATIONACT,31 MAY 20022002( a ) enter workplaces and inspect employment records for the purposes of this Act;( b ) enter and inspect for purposes of this Act any place open to the public;( c ) exercise any powersrelevant to, or necessaryfor,thefunctionsset out insection 2 ( 2 ) ;( d ) requestanysphere of government or organ of State to(i) take actions or adoptprocedures to ensure that the recipients of theirservices are identified as citizens and residents or foreigners: and(ii) requestthat prescribed services, or licenses, or concessions or otheractions be subject to proof of status or citizenship.providedthatsuchrequirementsshallnot prevent the rendering ofsuchservices to illegal foreigners when so required by the Constitution or a law;( e ) request anyone inthe Republic, who is reasonablysuspected of being anillegul foreigner, to identify himself or herself as a citizen or resident, or toproduce a permit to be in the Republic;If:)organise and participate in community fora or othercommunity-basedorganisation to deter xenophobia and involve the citizenry in the upplicationand implementation of this Act, and educate the citizenry in migration issues:(9) apprehend, detain and deport any illegal foreigner:( h i despite any other law, represent the State in any proceedings in a Court inrespect arisingmatterof anyout of this Act:( i j assist the public prosecution of any offence under this Act:( j ) enter into an agreement with any person, including any department of State. interms of which the Department will be authorised to make use of any of thefacilities. equipment or personnel belonging to. or under the control. or in theemployment of such person or department:f k i exercise any other power called for by this Act, or necessary for or conduciveto its implementation: and(1) delegate any of its powers and functions, provided that( i ) the termsandconditionsof such delegationsareapprovedby theMinister after consultation with the Board: and( i i ) such delegation is performance audited by the Director-Gn?eml andreviewed by the Board every twelve months to express a recommendation to the Minister, failing which it shall lapse.( 2 ) Subject to this Act, the powers and functions vested in the Departnlenr and theDirector-General in terms of this Act shall be exercised and performed as directedby theMinister.(3) The Minister may delegate to the Director-General any of the powersandfunctions vested in him or her in terms of this Act.5101520253035Immigration Advisory Board4. ( 1 ) The ImmigrationAdvisoryBoard is herebyestablished.( 2 ) The Board shall be chaired by a designee of the Minister and consist of( a ) one representative of the Department of Trade and Industry:( 0 ) one representative of the Department of Labour:40
20No. 23478Act No. 13,2002GOVERNMENTGAZETTE.3 1 MAY 2002IMMIGRATION ACT, 2002one representative of the Department of Tourism;one representative of the Department of Finance;one representative of the Department of Safety and Security;one representative of the South African Revenue Service;5one representative of the Department of Education;one representative of the Department of Foreign Affairs;one representative of the Department of Defence;theDirector-General;up to five persons from civilsociety,including one representingorganisedlabour and one representing organised business. appointedby the Minister 10after the Minister has given noticein the Gazette soliciting public nominationsof such persons; and( I ) up to four individuals appointed by the Mirzisrer on grounds of their expertisein administration. regulatory matters or immigration law, control, adjudica15tion or enforcement.(3) The Board shall meet when called by the Chairperson and( a ) shallmeetregularly;( b ) may determine its procedures at meetings:( c ) may invite immigration officers and other employees of the Department to20attend or participate in its meetings; and( d ) may appoint committees from its members to assist in the performance of itsfunctions.(4) A member of the Board referred to in subsection ( 2 ) ( k ) and (I) shall( ( I ) serve fora four-year-term, at the expiry of which they shall be eligible for oneor morere-appointments,providedthat theMinister may elect to fill any 25vacancy which may occur by appointing a person for the unexpired portion ofthe term of the member in whose place such person is appointed:( b ) at no time(i) be or become an unrehabilitated insolvent:30(ii) be or have been judicially declared of unsound mind:(iii) suffer an infirmity of mind or body preventing him or her from the properdischarge of the duties of his or her office:(iv) be convicted by final conviction or sentence of an offence without theoption of a fine;( v ) be or become a political office bearer: or35(vi) be or have been removed from an office of trust on account of misconductinvolving theft or fraud;( c ) cease to be a member(i) on resignation;(ii) if requested by theMinisterto resign for good cause:40(iii) if he or she fails to attend two consecutive meetings of the Board. unlesshis or her apology has been accepted by the Board; or(iv) if he or she becomes disqualified in terms of this Act; and( d ) be paid such remuneration and be entitled to such benefits and allowances asdeterminedfromtimeto time by theMinisterafterconsultationwith the 45Dir-ector-Generaland with the approval of the Minister of Finance.(c)(d)(e)(f,(g)(h)(i)(j)(k)
22GOVERNMENTNo. 23478GAZETTE.Act No. 13,20023 I MAY 2 0 0 2IMMIGRATION ACT, 2002( 5 ) The Board may requestthe Department to provide it withthe necessaryadministrative capacity and assistance.(6) The Board may establishandoperatethrough committees to carry out itsfunctions.(7) The Minister may dissolve the Board on such terms and conditions as he or she 5sees fit, provided that a new Board shall be convened within 90 calendar days.(8) The members of the Board who are not public servants shall be entitled to suchremuneration and reimbursements as the Minister may determine from time to time inconsultation with the Minister of Finance.10(9) Subject to this Act, the Board shall operate and meet as prescribed.Functions of Board5. The Board shall advise the Minister in respect of( a ) the contents of regulations made in terms of rhis Act;(b) the formulation of policy pertaining to immigration matters:15I C ) the implementation of immigration policy by the Department;( d ) the reviewing of a decision of the Department in terms of section 8 if andwhen requested by Minister;( e ) such other mattersrelating to this Act on which the Minister may requestadvice.Inter-departmental co-operation206. i1) The Direcror-General or his or her delegatee shall chair a liaison committeemade up of senioremployees representing the various departments which havefunctions relating to ports of entry.(2) The liaison committee shall meet whenever necessary to discuss and agree onco-operation and co-ordination with regard to matters relating to the administration of 25ports of entry and the movement of goods and persons through ports of entry.Regulation making7. ( 1) The Minister shall have the power to make regu1a ion.scalled for. or conduciveto. the implementation of this Acr and in making regu1ation.s in terms of tlli.7 Act, theMinister shallla) publish and table in Parliament his or her intention of adopting regrr/ation.sspecifying their subject matter and soliciting public comments during a periodnot shorter than 21 calendar days;( b ) having considered public comments received, publid1 and table in Parliamentdraft regulations soliciting further comments during a period not shorter than21 calendar days; and(cJ publish thefinal regulations together with asummary of comments whichhave not been accommodated and the reasons for their rejection.( 2 ) Only subsection (1 )(b! and (c) shall apply in respect of any regulations which rlzisAcr requires to be prescribed from time to time.(3) The Board may request the Minister t o ( n l reconsider any intended regulations prior to their promulgation; orlb) consider the need to adopt, repeal or amend regularions.(4) Regulations shall be consistent with this Acr. and shall not disregard the advice ofthe Bourd and public comments in an arbitrary or capriciousmanner: Provided that anyregulationmade in terms of thissectionshallbetabledwithin 30 daysafter itspromulgation if Parliament is insessionandif Parliament is in recess when theregulation is published, within 12 days after the resumption of the session.30353045
24No. 23478GOVERNMENTGAZETTE.Act No. 13,200231 MAY 2002IMMIGRATION ACT, 2002Adjudication and review procedures8. (1) Before making a determination adversely affecting a person, the Departmentshall notify the contemplated decision and related motivationto such affected personand give such person at least 10 calendar days to makerepresentations, after which theDepartment shall notify such person that either such decision has been withdrawn ormodified, or that it shall become effective, subject to subsection (2).( 2 ) Within 20 calendar days of its notification, the person aggrieved by an effectivedecision of the Department may appeal against it(a) to the Director-General, who may reverse or modify it within 10 calendardays, failing which the decision shall be deemed to have been confirmed: or( b ) within 20 calendardays of modification or confirmation by the DirectorGeneral, if any, to the Minister, who may reverse or modify it within 20calendar days,failing which the decisionshallbedeemed to have beenconfirmed. and be final, provided that in exceptional circumstances or whensuch person stands to be deported as a consequence of such decision(i) the Minister may extend such deadline; and(ii) at the request of the Department, the Minister may request such person topost a bond to defray his or her deportation costs, if applicable: or( c ) within 20 calendar days of modification or confirmation by the Minister. ifany, to a Cmrt. which may suspend, reverse or modify it in accordance withits rules.( 3 ) If not appealed in terms of subsection (2). a decision of the Deportment is final.subject to section 37 of this Act.(4) Any person adversely affected by a de
8 No. 23378 GOVERNMENT GAZETTE. 3 1 MAY 2002 Act No. 13,2002 IMMIGRATION ACT, 2002 Definitions and interpretation 1. (1) In this Act, unless the context indicates otherwise- (i) "admission" means entering the Republic at aport of entn on the basis of the authority to do so validly granted by this Act or by an immigration officer in
