ALIENS CONTROL ACT 96 OF 1991

 

[ASSENTED TO 27 JUNE 1991] [DATE OF COMMENCEMENT: 1 OCTOBER 1991]

(Afrikaans text signed by the State President)

 

as amended by

Aliens Control Amendment Act 3 of 1993

General Law Fourth Amendment Act 132 of 1993

Abolition of Restrictions on Free Political Activity Act 206 of 1993

Aliens Control Amendment Act 76 of 1995

 

ACT

To provide for the control of the admission of persons to, their residence in, and their departure from, the Republic; and for matters connected therewith.

 

Section 1 Definitions

(1) In this Act, unless the context otherwise indicates-

'alien' means a person who is not a South African citizen;

[Definition of 'alien' substituted by s. 5 of Act 206 of 1993 and by s. 2 (a) of Act 76 of 1995.]

'board' means the Immigrants Selection Board established by section 24;

'customary union' means the association of a man and a woman in a conjugal relationship according to indigenous law and custom, where neither the man nor the woman is party to a subsisting marriage, which is recognised by the Minister in terms of subsection (2);

[Definition of 'customary union' inserted by s. 2 (b) of Act 76 of 1995.]

'Department' means the Department of Home Affairs;

'Director-General' means the Director-General: Home Affairs;

'domicile' means the place where a person in relation to the exercise of his rights and the fulfilment of his obligations, is in law deemed to be permanently present, even though he may in fact be absent there;

'immigration officer' means an immigration officer appointed under section 3;

'immigration permit' means an immigration permit issued under section 25;

[Definition of 'immigration permit' inserted by s. 2 (c) of Act 76 of 1995.]

'marriage' includes a customary union;

[Definition of 'marriage' inserted by s. 2 (d) of Act 76 of 1995.]

'master', in relation to a ship, means the person (other than a pilot) for the time being in charge or command of that ship;

'Minister' means the Minister of Home Affairs;

'occupier', in relation to any premises, means-

(a) the person who actually occupies those premises;

(b) the person entitled to occupy those premises;

(c) the person having the charge or management of those premises; and

(d) the agent of any such person who is absent from the Republic or whose whereabouts are unknown;

'owner', in relation to a ship, includes the charterer of the ship or any agent within the Republic of the owner or charterer;

'passport' means any passport or travel document issued-

(a) to a person under the South African Passports and Travel Documents Act, 1994 (Act 4 of 1994);

(b) on behalf of the government of any country or territory, recognized by the Government of the Republic, to a person who is a citizen of the country or territory concerned but not also a South African citizen; or

(c) on behalf of any international organization, so recognized, to a person who is not a South African citizen,

and which-

(i) contains a personal description of such person, the name of the country in which he or she was born and the date of his or her birth, and to which a photograph of him or her is attached in which all his or her features are clearly and correctly depicted; and

(ii) in the case contemplated in paragraph (c), was recognized beforehand as such by the Minister;

[Definition of 'passport' substituted by s. 2 (e) of Act 76 of 1995.]

'police officer' means any member of the Force as defined in section 1 of the Police Act, 1958 (Act 7 of 1958);

'port' or 'port of entry' means-

(a) any place on the coast of the Republic;

(b) any place in the Republic at or near any of the borders thereof; or

(c) any airport in the Republic,

designated as such by the Minister and where an immigration officer is stationed;

[Definition of 'port' or 'port of entry' substituted by s. 2 (f) of Act 76 of 1995.]

'premises' means any building, structure or tent together with the land on which it is situated and the adjoining land used in connection therewith, and includes any land without any building, structure or tent thereon, and any vehicle, conveyance, aeroplane, ship or boat;

'prescribe' means prescribe by regulation;

'prohibited person' means a person referred to in section 39;

'provisional permit' means a permit referred to in section 10;

'regulation' means any regulation made or in force under this Act;

'ship' includes any vessel or boat, of any kind, used in navigation, whether propelled by means of sails, steampower or other mechanical means or towing or oars or in any other manner;

'temporary permit' means a permit referred to in section 41;

'temporary residence permit' means any of the permits referred to in section 26;

[Definition of 'temporary residence permit' substituted by s. 2 (g) of Act 76 of 1995.]

'this Act' includes any order, direction or regulation issued or made or deemed to have been issued or made under this Act;

'visa' means a visa referred to in section 11.

[Definition of 'visa' added by s. 2 (h) of Act 76 of 1995.]

 

Section 23 Restriction on entry into and residence in Republic

Subject to the provisions of sections 28 and 29, no alien shall-

(a) enter or sojourn in the Republic with a view to permanent residence therein, unless he or she is in possession of an immigration permit issued to him or her in terms of section 25; or

(b) enter or sojourn in the Republic with a view to temporary residence therein, unless he or she is in possession of a permit for temporary residence issued to him or her in terms of section 26.

[S. 23 substituted by s. 10 of Act 76 of 1995]

 

Section 32 Prohibition of certain acts in co-operation with, or in respect of, certain aliens

(1) No person shall-

(a) employ or continue to employ any alien who is in the Republic in contravention of the provisions of this Act;

(b) provide instruction or training to such an alien or allow him to receive instruction or training;

(c) issue to such an alien a licence or other authorization to conduct any business or to carry on any profession or occupation;

(d) enter into an agreement with such an alien for the conduct of any business or the carrying on of any profession or occupation;

(e) conduct any business or carry on any profession or occupation in co-operation with such an alien;

(f) assist, enable or in any manner help such an alien to conduct any business or to carry on any profession or occupation;

(g) obtain a licence or other authority for or on behalf of such an alien to conduct any business or to carry on any profession or occupation;

(h) do anything for or on behalf of such an alien in connection with his business or profession or occupation;

(i) harbour any such alien; or

(j) let or sell or in any manner make available any immovable property in the Republic to any such alien.

(2) If any alien to whom a temporary residence permit has been issued under section 26 is prohibited by reason of any purpose or any condition set forth in such permit from-

(a) entering into or being in the employment of any other person;

(b) entering into or being in the employment of any other person, except a person specified in such permit;

(c) entering into or being in the employment of any other person in any capacity except a capacity specified in such permit or for a period longer than the period so specified;

(d) conducting a business or carrying on a profession or occupation; or

(e) receiving any instruction or training at any institution,

no person shall-

(i) in the case of a prohibition referred to in paragraph (a), employ or continue to employ such alien;

(ii) in the case of a prohibition referred to in paragraph (b), employ or continue to employ such alien, unless he is the person specified in the permit;

(iii) in the case of a prohibition referred to in paragraph (c), employ or continue to employ such alien in any capacity except the capacity specified in the permit or for a period longer than the period so specified;

(iv) in the case of a prohibition referred to in paragraph (d), enter into an agreement with such alien for the conduct of a business or the carrying on of a profession or occupation or conduct a business or carry on a profession or occupation in co-operation with such alien;

(v) in the case of a prohibition referred to in paragraph (e), provide training or instruction to such alien, or allow him to receive instruction or training.

(3) If a temporary residence permit has been issued to an alien under section 26 allowing him to sojourn in any particular part of the Republic, no person shall-

(a) employ or continue to employ such alien in any part of the Republic except that particular part;

(b) enter into an agreement with such alien for the conduct of a business or the carrying on of a profession or occupation in any part of the Republic except that particular part;

(c) conduct any business or carry on any profession or occupation in co-operation with such alien in any part of the Republic except that particular part;

(d) assist, enable or in any manner help such alien to conduct a business or carry on a profession or occupation in any part of the Republic except that particular part;

(e) do anything for or on behalf of such alien in connection with a business or a profession or occupation of such alien in any part of the Republic except that particular part;

(f) harbour such alien in any part of the Republic except that particular part;

(g) let or sell or in any manner make available to such alien immovable property in any part of the Republic except that particular part; or

(h) provide training or instruction to such alien, or allow him to receive instruction or training, in any part of the Republic except that particular part.

(4) Any person who contravenes the provisions of subsection (1), (2) or (3), shall be guilty of an offence.

(5) (a) If an alien is found on any premises where lodging is ordinarily provided, it shall be presumed, in any criminal proceedings in respect of a contravention of subsection (1) (i) or (3) (f), that such alien was harboured by the person who has control over such premises, unless the contrary is proved.

(b) If an alien is found on any premises where a business is conducted or where instruction or training is provided, it shall be presumed, in any criminal proceedings in respect of a contravention of subsection (1) (a) or (b), (2) (i) or (v) or (3) (a) or (h), that such alien was employed by, or receiving instruction or training from, or allowed to receive instruction or training by, the person who has control over such premises, unless the contrary is proved.

(c) If in any criminal proceedings in respect of a contravention of subsection (1) (a) it is proved (other than by means of the presumption referred to in paragraph (b)) that the alien concerned was so employed, it shall be presumed that the accused knew at the time of the employment that the alien was an alien as contemplated in this section, unless the accused proves-

(i) that he employed such alien in good faith; and

(ii) that the circumstances in which the employment took place were not of such a nature that he could reasonably have been expected to suspect that the alien was in the Republic in contravention of the provisions of this Act.

[Para. (c) added by s. 5 of Act 3 of 1993.]

(6) If a person is charged with a contravention of subsection (1) (a) or (b), (2) (i) or (v) or (3) (a) or (h), such person may-

(a) in the case of a charge of a contravention of subsection (1) (a) or (b), be found guilty of a contravention of subsection (1) (c), (d), (e), (f), (g) or (h), if such be the facts proved;

(b) in the case of a charge of a contravention of subsection (2) (i) or (v), be found guilty of a contravention of subsection (2) (iv), if such be the facts proved;

(c) in the case of a charge of a contravention of subsection (3) (a) or (h), be found guilty of a contravention of subsection (3) (b), (c), (d), (e), (f) or (g), if such be the facts proved.

(7) (a) An alien referred to in subsection (1) (a) may not obtain a licence or other authority to conduct a business or carry on a profession or occupation.

(b) A licence or other authority obtained in contravention of the provisions of paragraph (a) shall be null and void.