| (a) | Anyone who enters or remains in, or departs from the Republic in contravention of this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding two years. |
| (b) | Any illegal foreigner who fails to depart when so ordered by the Director-General, shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding four years. |
| (2) | Anyone who knowingly assists a person to enter or remain in, or depart from the Republic in contravention of this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding five years. |
| (3) | Anyone who knowingly employs an illegal foreigner or a foreigner in violation of this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding one year: Provided that such person’s second conviction of such an offence shall be punishable by imprisonment not exceeding two years or a fine, and the third or subsequent convictions of such offences by imprisonment not exceeding five years without the option of a fine. |
| (4) | Anyone who intentionally facilitates an illegal foreigner to receive public services to which such illegal foreigner is not entitled shall be guilty of an offence and liable on conviction to a fine. |
| (5) | Any public servant who provides false or intentionally inaccurate or unauthorised documentation or benefit to an illegal foreigner, or otherwise facilitates such illegal foreigner to disguise his or her identity or status, or accepts any undue financial or other consideration to perform an act or to exercise his or her discretion in terms of this Act, shall be guilty of an offence and liable on conviction to imprisonment not exceeding eight years, without the option of a fine: Provided that if such public servant is employed by the Department such offence shall be punishable by imprisonment not exceeding 15 years without the option of a fine. |
| (6) | Anyone failing to comply with one of the duties or obligations set out under sections 38 to 46 shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding five years. |
| (7) | Anyone participating in a conspiracy of two or more persons to conduct an activity intended to contravene this Act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding seven years: Provided that if part of such activity is conducted or intended to be conducted in a foreign country the offence shall be punishable by imprisonment not exceeding eight years without the option of a fine. |
| (8) | Anyone who wilfully or through gross negligence produces a false certification contemplated by this Act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding three years. |
| (9) | Anyone, other than a duly authorised public servant, who manufactures or provides or causes the manufacturing or provision of a document purporting to be a document issued or administered by the Department shall be guilty of an offence and liable on conviction to imprisonment not exceeding 10 years without the option of a fine. |
| (10) | Anyone who through offers of financial or other consideration or threats, compels or induces an officer to contravene this Act or to breach such officer’s duties shall be guilty of an offence and liable on conviction— |
| (a) | to a fine or to imprisonment not exceeding five years; or |
| (b) | if subsequently such officer in fact contravenes this Act or breaches his or her duties, to imprisonment not exceeding five years without the option of a fine. |
| (11) | Anyone guilty of the offence contemplated in section 34(10) shall be liable on conviction to a fine or to imprisonment not exceeding three years. |
| (12) | A court may make an order as to costs in favour of the Department to the extent necessary to defray the expenses referred to in section 34(3) against— |
| (a) | any illegal foreigner referred to in section 34(3); |
| (b) | any person who contravened section 38 or 42; |
| (c) | any person who conveyed into the Republic a foreigner without the required transit visa; or |
| (d) | any person who committed an offence contemplated in subsection (5), (7), (8) or (10), |
which order shall have the effect of a civil judgment of that court.
| (13) | Any person who pretends to be, or impersonates, an immigration officer shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding eight years. |
| (14) | Any person who for the purpose of entering or remaining in, or departing from, or of facilitating or assisting the entrance into, residence in or departure from, the Republic, whether in contravention of this Act or not, commits any fraudulent act or makes any false representation by conduct, statement or otherwise, shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding eight years. |
| (15) | Any natural or juristic person, or partnership, who— |
| (a) | for the purpose of entering the Republic, or of remaining therein, in contravention of this Act, or departing from the Republic, or of assisting any other person so as to enter or so to remain or so to depart, utters, uses or attempts to use— |
| (i) | any permanent residence permit, port of entry visa, visa, certificate, written authority or other document which has been issued by lawful authority, or which, though issued by lawful authority, he, she or it is not entitled to use; or |
| (ii) | any fabricated or falsified permanent residence permit, port of entry visa, visa, certificate, written authority or other document; or |
| (b) | without sufficient cause has in his, her or its possession— |
| (i) | any stamp or other instrument which is used or capable of being used for purposes of fabricating or falsifying or unlawfully recording on any document any endorsement under this Act or required to be submitted in terms of this Act; |
| (ii) | any form officially printed for purposes of issuing any permanent residence permit, port of entry visa, visa, certificate, written authority or other document under this Act or required to be submitted in terms of this Act, or any reproduction or imitation of any such form; |
| (iii) | if any passport, travel document, identity document or other document used for the facilitation of movement across borders, which is blank or reflects particulars other than those of the person in whose possession it is found; or |
| (iv) | any fabricated or falsified passport, travel document, identity document or other document used for the facilitation of movement across borders, |
| (c) | has in his or her or its possession or intentionally destroys, confiscates, conceals or tampers with any actual or purported passport, travel document or identity document of another person in furtherance of a crime, |
[Section 49(15)(c) inserted by section 48 of Act No. 7 of 2013]
shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding 15 years without the option of a fine.
| (a) | contravenes or fails to comply with any provision of this Act, if such contravention or failure is not elsewhere declared an offence, or if no penalty is prescribed in respect of an offence or |
| (b) | commits any other offence under this Act in respect of which no penalty is elsewhere prescribed, |
shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding seven years.
[Section 49 amended by section 24 of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
