| (a) | has committed a crime against peace, a crime involving torture, as defined in the Prevention and Combating of Torture of Persons Act, 2013 (Act No. 13 of 2013), a war crime or a crime against humanity, as defined in any international legal instrument dealing with any such crimes; or |
| (b) | has committed a crime outside the Republic, which is not of a political nature and which, if committed in the Republic, would be punishable by imprisonment without the option of a fine; or |
| (c) | has been guilty of acts contrary to the objects and principles of the United Nations or the African Union; or |
| (d) | enjoys the protection of any other country in which he or she is a recognised refugee, resident or citizen; or |
| (e) | has committed a crime in the Republic, which is listed in Schedule 2 of the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), or which is punishable by imprisonment without the option of a fine; or |
| (f) | has committed an offence in relation to the fraudulent possession, acquisition or presentation of a South African identity card, passport, travel document, temporary residence visa or permanent residence permit; or |
| (g) | is a fugitive from justice in another country where the rule of law is upheld by a recognised judiciary; or |
| (h) | having entered the Republic, other than through a port of entry designated as such by the Minister in terms of section 9A of the Immigration Act, fails to satisfy a Refugee Status Determination Officer that there are compelling reasons for such entry; or |
| (i) | has failed to report to the Refugee Reception Office within five days of entry into the Republic as contemplated in section 21, in the absence of compelling reasons, which may include hospitalisation, institutionalisation or any other compelling reason: Provided that this provision shall not apply to a person who, while being in the Republic on a valid visa, other than a visa issued in terms of section 23 of the Immigration Act, applies for asylum. |
| (2) | For the purposes of subsection (1)(c), no exercise of a human right recognised under international law may be regarded as being contrary to the objects and principles of the United Nations or the African Union. |
[Section 4 substituted by section 2 of Notice No. 1452, GG 41343, dated 18 December 2017]
