Immigration Act, 2002 (Act No. 13 of 2002)RegulationsImmigration Regulations, 201433. Arrest, detention and deportation of illegal foreigners |
| (1) | If the arrest, detention and deportation of an illegal foreigner in terms of section 34(1) of the Act is effected by means of a warrant, such warrant shall be issued by an immigration officer to such illegal foreigner, which warrant shall be in the form of Form 28 illustrated in Annexure A. |
| (2) | The notification of the deportation of an illegal foreigner contemplated in section 34(1)(a) of the Act shall be on Form 29 illustrated in Annexure A. |
| (3) | The confirmation of detention for purposes of deportation contemplated in section 34(1)(b) of the Act shall be on Form 30 illustrated in Annexure A. |
| (4) | An immigration officer intending to apply for the extension of the detention period in terms of section 34(1)(d) of the Act shall— |
| (a) | within 20 days following the arrest of the detainee, serve on that detainee a notification of his or her aforesaid intention on Form 31 illustrated in Annexure A; |
| (b) | afford the detainee the opportunity to make written representations in this regard within three days of the notification contemplated in paragraph (a) having been served on him or her; and |
| (c) | within 25 days following the arrest of the detainee, submit with the clerk of the court an application for the extension of the period of detention on Form 32 illustrated in Annexure A, together with any written representations that may have been submitted by the detainee in terms of paragraph (b). |
| (5) | The minimum standards with regard to detention as contemplated in section 34(1)(e) of the Act are as set out in Annexure B. |
| (6) | A court may authorise the extension contemplated in subregulation (4) on Form 32 illustrated in Annexure A. |
| (7) | The extension of the detention contemplated in section 34(2) of the Act shall be made on Form 33 illustrated in Annexure A. |
| (8) | An immigration officer, when enforcing payment of a deposit in terms of section 34(3) of the Act shall— |
| (a) | serve an order in the form of Form 34 illustrated in Annexure A on the illegal foreigner concerned to deposit the required amount; and |
| (b) | if that deposit has not been paid, endorse the order contemplated in paragraph (a) to the effect that the deposit has not been paid and file a copy of that order with the clerk of the court of the district in which such illegal foreigner is detained pending his or her removal from the Republic. |
| (9) | The warrants contemplated in section 34(7) of the Act shall be— |
| (a) | in respect of the removal of a detained illegal foreigner, in the form of Form 35 illustrated in Annexure A; or |
| (b) | in respect of the release of a detained illegal foreigner, in the form of Form 36 illustrated in Annexure A. |
| (10) | A person contemplated in section 34(8) of the Act shall be notified that he or she is an illegal foreigner on Form 37 illustrated in Annexure A, and the declaration to the master of the ship contemplated in that section shall be on Form 38 illustrated in Annexure A: Provided that in the case where the person conveyed himself or herself to the port of entry, he or she shall be handed over to the authority of the country where he or she commenced the journey to the Republic or the authorities of his or her country of nationality. |
| (11) | The amount which the owner of a ship shall forfeit in terms of section 34(9)(a) and (d) of the Act shall not exceed the amount as determined annually by the Minister by notice in the Gazette. |