1. Prohibited persons

The following foreigners are prohibited persons and do not qualify for a port of entry visa, admission into the Republic, a visa or a permanent residence permit:

(a) Those infected with or carrying infectious, communicable or other diseases or viruses as prescribed;

(b) anyone against whom a warrant is outstanding or a conviction has been secured in the Republic or a foreign country in respect of genocide, terrorism, human smuggling, trafficking in persons, murder, torture, drug-related charges, money laundering or kidnapping;

(c) anyone previously deported and not rehabilitated by the Director-General in the prescribed manner;

(d) a member of or adherent to an association or organisation advocating the practice of racial hatred or social violence;

(e) anyone who is or has been a member of or adherent to an organisation or association utilising crime or terrorism to pursue its ends; and

(f) anyone found in possession of a fraudulent visa, passport, permanent residence permit or identification document.

1.1. The diseases or viruses contemplated in section 29(1)(a) of the Act are those referred to in the regulations promulgated under the International Health Regulations Act, 1974 (Act No. 28 of 1974), and any other disease or virus rendering a person inadmissable as may be determined by the Department of Health from time to time in terms of the applicable legislation.

1.2. An immigration officer who has reasonable suspicion that a person reporting to him or her at a port of entry is infected with a disease or virus contemplated in subregulation (1), shall refer that person to the port health officer and after consultation with that officer determine his or her admissibility.

1.3. Where a port health officer is not present at a port of entry, a person contemplated in subregulation (2) shall be refused admission, unless a registered medical practitioner certifies that such person is not infected with a disease in subregulation (1).

1.4. If a prohibited person contemplated in section 29(1)(c) of the Act - 

  • has deposed to an affidavit illustrating to the satisfaction of the Director-General that he or she shall comply with the provisions of the Act;
  • has been absent from the Republic for a minimum period of four years; and
  • has provided a police clearance certificate,

?the Director-General may rehabilitate that person by granting him or her a status after having considered his or her application for a status.

1.5. A person rehabilitated as contemplated in subregulation (4) shall not be exempt from the requirements of a port of entry visa.

1.6. The Director-General shall, in declaring a person not to be a prohibited person, consider the following factors:

  • the reasons for the prohibition;
  • the seriousness of the offence committed; and
  • representations made by the prohibited person, which should include a police clerance certificate.

?1.7. The Director-General shall, upon making a decision as contemplated in section 29(2) of the Act, provide writen reasons for such decision.

If you happen to fall into any of these categories, please contact us. 

2. Undesirable persons

The following foreigners may be declared undesirable by the Dirctor-General, as prescribed, and after such declaration do not qualify for a port of entry visa, visa, admission into the Republic or a permanent residence permit:

(a) Anyone who is or is likely to become a public charge;

(b) anyone identified as such by the Minister;

(c) anyone who has been judicially declared incompetent;

(d) an unrehabilitated insolvent;

(e) anyone who has been ordered to depart in terms of this Act;

(f) anyone who is a fugitive from justice;

(g) anyone with previous criminal convictions without the option of a fine for conduct which would be an offence in the Republic, with the exclusion of certain prescribed offences; and

(h) any person who has overstayed the prescribed number of times.

2.1. For the purposes of subregulation (3), a time is calculated as days during a year for which the period of overstay is calculated from the date of expiry of the last valid visa.

2.2. The Director-General may declare a foreigner who falls within a category listed in section 30(1) of the Act as undesirable.

2.3. A person who overstays after the expiry of his or her visa, as contemplated in section 30(1)(h) of the Act, may- 

  • in the case of a person who overstays for a period not exceeding 30 days, be declared undesirable for a period of 12 months;
  • in the case of a person who overstays for the second time within a period of 24 months, be declared undesirable for a period of two years; and
  • in the case of a person who overstays for more than 30 days, be declared undesirable for a period of five years.