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Ackermann J

the provinces of the Republic. An important provision, for purposes of this case, is section 23 which deals with “aliens”, an “alien” being defined in section 1(1) as “a person who is not a South African citizen”, and which provides as follows:

“Subject to the provisions of sections 28 and 29, no alien shall―

(a) enter or sojourn in the Republic with a view to permanent residence therein, unless he or she is in possession of an immigration permit issued to him or her in terms of section 25; or
(b) enter or sojourn in the Republic with a view to temporary residence therein, unless he or she is in possession of a permit for temporary residence issued to him or her in terms of section 26.”

[14]For present purposes the exceptions enacted in section 29 are not germane, but the exemptions provided for in section 28 are, and to the extent relevant stipulate:

“28(2) Notwithstanding the provisions of this Act, the Minister may, if he or she is satisfied that there are special circumstances which justify his or her decision, exempt any person or category of persons from the provisions of section 23, and for a specified or unspecified period and subject to such conditions as the Minister may impose, and may do so also with retrospective effect.
(3)
(4) The Minister may withdraw any exemption granted under subsection (2).…
(5) The Minister may, notwithstanding any provision to the contrary in this Act, issue to any person whose exemption is withdrawn under subsection (4), an appropriate temporary residence permit referred to in section 26 to sojourn in the Republic or any particular part of the Republic.”

[15]It is in the above legislative context that the provisions of section 25 must be understood and evaluated:

25 Immigration Permit

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