(As introduced in the National Assembly (proposed section 75); explanatory summary ofBill published in Government Gazette No. 29169 of31 August 2006).
To amend the Immigration Act, 2002, so as to define certain words and to substitute a definition; to provide for the clarification and revision of procedures and permits with regard to admission to, residence in and departure from the Republic; to effect certain technical corrections; and to provide for matters connected therewith.
Section 1 of the Immigration Act, 2002 (Act No.
by the insertion after the definition of "border" of the following definition: "'branch' means a branch as contemplated in section 21A of the 10 Companies Act, 1973 (Act No.
by the substitution for the definition of "depart or departure" of the following definition: "'depart or departure' means exiting the Republic from a port of entry to another country in compliance with this Act;"; and 15 by the insertion after the definition of "status" of the following definition: "'subsidiary' means a subsidiary as defined in section 1(1) of the Companies Act, 1973 (Act No. 61 of 1973);".
"(2) Subject to this Act, upon application in the prescribed manner and on the prescribed form, one of the temporary residence permits contemplated in sections 11 to  24 may be issued to a foreigner.". 25 3.
"(1) Subject to subsection (4)(a), no person, other than a citizen or permanent resident, who is proceeding from a place outside the Republic to a destination outside the Republic, [including making use of the transit areas of South African ports of entry,] shall travel through the Republic, unless he or she is in possession of a transit visa issued for that purpose in terms of subsection (2).".
Amendment of section 11 of Act 13 of 2002, as amended by section 13 of Act 19 of 2004 4.
[(dd)]~ any other prescribed activity.
"(2) The holder of a visitor's permit may not conduct work [, unless].:. Provided that the holder of a visitor's permit issued in terms of subsection (1)(a) or (b)(iv) may be authorised by the Director-General in the prescribed manner and subject to the prescribed requirements and conditions to conduct work.".
"(3) The Director-General may reduce or waive the [capitalisation requirements] financial or capital contribution referred to in subsection (1)(a) for businesses which are prescribed to be in the national interest, or when so requested by the Department of Trade and Industry.".
"(5) An intra-company transfer work permit may be issued by the Director-General to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic for a period not exceeding Itwo four years, provided that-".
Amendment of section 20 ofAct 13 of 2002, as amended by section 47 ofAct 19 of 2004 7.
"(IA) The spouse and dependent children accompanying the holder of a retired person permit may be issued with an appropriate permit issued in terms of this Act.".
Amendment of section 27 of Act 13 of 2002, as substituted by section 28 of Act 19 of 2004 8.
"(c) intends to establish or has established a business in the Republic and investing in it or in an established business the prescribed financial or capital contribution to be part of the intended book value, and to the members of such foreigner's immediate family, provided that the Director-General may waive or reduce such [capitalisation requirements] financial or capital contribution for businesses prescribed to be in the national interest or when so requested by the Department of Trade and Industry; and the permit shall lapse if the holder fails to prove within two years of the issuance of the permit and three years thereafter, to the satisfaction of the Director-General, that the prescribed financial or capital contribution to be part of the intended book value is still invested as contemplated in this paragraph;".
Substitution of heading to Schedule 1 to Act 13 of 2002 10. The following heading is hereby substituted for the heading to Schedule 1 to the principal Act: , "Offences [referred] relating to [in] section 28(a) [and (b)] of this Act".
Substitution of heading to Schedule 2 to Act 13 of 2002 11. The following heading is hereby substituted for the heading to Schedule 2 to the principal Act: "Offences [referred] relating to [in] section [28(b)] 28(a) of this Act".
This Act is called the Immigration Amendment Act, 2006, and comes into operation on a date determined by the President by proclamation in the Gazette.
The main objective of the Bill is to define certain words and to substitute a definition, to provide for the clarification and revision of procedures and permits with regard to admission to, residence in and departure from the Republic, and to effect certain technical corrections to the Immigration Act, 2002 (Act No. 13 of 2002) ("the Act").
The Bill seeks to include cross-border and transit permits (section 24 of the Act) as temporary residence permits referred to in section 10 of the Act. The Bill further seeks to increase the period for which an intra-company transfer work permit (section 19 of the Act) may be issued.
The Bill also seeks to provide for the issuing of an appropriate permit to the spouse and dependent children accompanying the holder of a retired person permit. It further provides for the withdrawal of a permanent residence permit if the holder thereof has been convicted of an offence in terms of the Act. Furthermore, the Bill seeks to provide for certain technical corrections to the Act.
Water Affairs and Forestry.
5.1 The State Law Advisers and the Department of Home Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.