Immigration Act, 2002 (Act No. 13 of 2002)1. Definitions and interpretation |
In this Act, unless the context otherwise indicates–
means entering the Republic at a port of entry in terms of section 9;
means the pre-clearance of persons, in the prescribed manner, prior to boarding conveyances by means of a boarding advice issued to owners or persons in charge of conveyances;
[Definition inserted by section 2(a) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means an associate member of a company or organisation;
means the Immigration Advisory Board established by section 4;
means the national borders of the Republic;
means a branch as contemplated in section 21A of the Companies Act, 1973 (Act No. 61 of 1973);
has the meaning assigned thereto in the South African Citizenship Act, 1995 (Act No. 88 of 1995);
means any ship, boat, aircraft or vehicle, or any other means of transport;
means a juristic person established under the laws of the Republic which applies for a corporate visa referred to in section 21;
[Definition amended by section 2(b) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means a magistrate’s court;
[deleted by Act No. 13 of 2011];
means the Department of Home Affairs;
means exiting the Republic from a port of entry to another country in compliance with this Act;
means the action or procedure aimed at causing an illegal foreigner to leave the Republic in terms of this Act ;
means the Director-General of the Department;
includes a person contractually bound by the applicable employment contract as an employer or, in the case of a juristic person, its chief executive officer or the person to whom such officer has delegated the final responsibility in respect of personnel matters;
means a country other than the Republic;
means the juristic entity governing a foreign country;
means an individual who is not a citizen ;
means a foreigner who is in the Republic in contravention of this Act;
means persons within the second step of kinship, where marriage or a spousal relationship is counted as one of such steps, but any common antecedent is not so counted;
means an officer appointed by the Director-General to perform the functions of either the permitting office, port of entry or inspectorate as contemplated in this Act;
[Definition amended by section 2(d) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means—
| (a) | a marriage concluded in terms of— |
| (i) | the Marriage Act, 1961 (Act No. 25 of 1961); or |
| (ii) | the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998); |
| (b) | a civil union concluded in terms of the Civil Union Act, 2006 (Act No. 17 of 2006); or |
| (c) | a marriage concluded in terms of the laws of a foreign country; |
[Definition amended by section 2(e) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means the Minister of Home Affairs;
means an organ of state as defined in section 239 of the Constitution;
means the owner of record and includes the charterer of a conveyance and any agent within the Republic of the owner or the charterer;
means the record of the data of a person as contemplated in section 35(3)(a) created by the owner or person in charge of a conveyance or his or her authorised agents for each journey booked by or on behalf of any person;
[Definition amended by section 2(f) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means any passport or travel document containing the prescribed information and characteristics issued—
| (a) | under the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994); |
| (b) | on behalf of a foreign state recognised by the Government of the Republic to a person who is not a South African citizen; |
| (c) | on behalf of any international organisation as prescribed, including regional or sub-regional organisations, to a person who is not a South African citizen; or |
any other document approved by the Minister and issued under special circumstances to a person who cannot obtain a document contemplated in paragraphs (a) to (c);
[Definition amended by section 2(g) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means a permit contemplated in section 25, 26 or 27;
means a place designated as such by the Minister in terms of section 9A;
[Definition amended by section 2(h) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means the authority to travel from the port of entry of another country to any port of entry of the Republic for the purposes of admission into the Republic, as contemplated in section 10A;
[Definition amended by section 2(i) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means any building, structure or tent together with the land on which it is situated and the adjoining land used in connection with it and includes any land without any building, structure or tent and any conveyance;
means prescribed by regulation;
means any person contemplated in section 29;
[Definition deleted by Act No. 13 of 2011];
means a person who is a party to—
| (a) | a marriage, as defined in the Act; or |
| (b) | a permanent homosexual or heterosexual relationship as prescribed; |
[Definition amended by section 2(k) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means the status of the person as determined by the relevant visa or permanent residence permit granted to a person in terms of this Act ;
[Definition amended by section 2(l) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
means a subsidiary as defined in section 1(1) of the Companies Act, 1973 (Act No. 61 of 1973);
[deleted by Act No. 13 of 2011];
means this Act, including its schedules, and includes the regulations made pursuant thereto;
means a transit visa contemplated in section 10B;
means a person contemplated in section 30;
means the authority to temporarily sojourn in the Republic for purposes of—
| (a) | transit through the Republic as contemplated in section 10B; |
| (b) | a visit as contemplated in section 11; |
| (c) | study as contemplated in section 13; |
| (d) | conducting activities in the Republic in terms of an international agreement to which the Republic is a party as contemplated in section 14; |
| (e) | establishing or investing in a business as contemplated in section 15; |
| (f) | working as a crew member of a conveyance in the Republic as contemplated in section 16; |
| (g) | obtaining medical treatment as contemplated in section 17; |
| (h) | staying with a relative as contemplated in section 18; |
| (i) | working as contemplated in section 19 or section 21; |
| (j) | retirement as contemplated in section 20; |
| (k) | an exchange programme as contemplated in section 22; or |
| (l) | applying for asylum as contemplated in section 23; |
| (m) | whichever is applicable in the circumstances; |
[Definition amended by section 2(n) of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
includes—
| (a) | conducting any activity normally associated with the running of a specific business; or |
| (b) | being employed or conducting activities consistent with being employed or consistent with the profession of the person, with or without remuneration or reward, |
within the Republic.