Immigration Act, 2002 (Act No. 13 of 2002)Duties and Obligations42. Aiding and abetting illegal foreigners |
| (1) | Subject to this Act, and save for necessary humanitarian assistance, no person, shall aid, abet, assist, enable or in any manner help— |
| (a) | an illegal foreigner; or |
| (b) | a foreigner in respect of any matter, conduct or transaction which violates such foreigner’s status, when applicable, including but not limited to – |
| (i) | providing instruction or training to him or her, or allowing him or her to receive instruction or training; |
| (ii) | issuing to him or her a licence or other authorisation to conduct any business or to carry on any profession or occupation; |
| (iii) | entering into an agreement with him or her for the conduct of any business or the carrying on of any profession or occupation; |
| (iv) | conducting any business or carrying on any profession or occupation in cooperation with him or her; |
| (v) | assisting, enabling or in any manner helping him or her to conduct any business or carry on any profession or occupation; |
| (vi) | obtaining a licence or other authority for him or her or on his or her behalf to conduct any business or to carry on any profession or occupation; |
| (vii) | doing anything for him or her or on his or her behalf in connection with his or her business or profession or occupation; |
| (viii) | harbouring him or her, which includes providing accommodation; or |
| (ix) | letting or selling or in any manner making available any immoveable property in the Republic to him or her. |
| (2) | In any criminal proceedings arising out of this section, it is no defence to aver that the status of the foreigner concerned, or whether he or she was an illegal foreigner, was unknown to the accused if it is proved that the accused ought reasonably to have known the status of the foreigner, or whether he or she was an illegal foreigner. |