Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)RegulationsRegulations under section 43(3)Part 1 : Regulations8. Referral of illegal foreigner to Department of Home Affairs |
| (1) | The provincial department of social development must as provided for in section 20(3) of the Act notify the Department of Home Affairs, within five working days after the expiry of 14 days within which a person may lodge an appeal or if the appeal is unsuccessful, of the referral of the illegal foreigner. |
| (2) | The notification referred to in subregulation (1) must be in a Form that corresponds substantially with Form 14 in PART 2 and must contain the following— |
| (a) | the full names of the person affected by the decision; and |
| (b) | the reason within which such a referral is made; and |
| (3) | The Department of Home Affairs must inform the provincial department of social development of the particulars and the whereabouts of the illegal foreigner referred to in subregulation (1). |
| (4) | In the event of the appeal not being successful or the person fails to appeal within the required time period, the provincial head of the department of social development must write to Department of Home Affairs to deal with the person in terms of the Immigration Act. |