Page:NCGLE v Minister of Home Affairs.djvu/14

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Ackermann J

permanently and lawfully resident in the Republic, less than two years prior to the date of his or her application, refuse to authorize such a permit unless the committee is satisfied that such marriage was not contracted for the purpose of evading any provision of this Act.

(7) [Requires, subject to the discretion of the DG to extend the period, that the person to whom the immigration permit is issued must] enter the Republic for the purpose of permanent residence therein within a period of six months from the date of issue of the permit …

(8) If any person to whom a permit has been issued in terms of subsection (7) does not enter the Republic for the purpose of permanent residence therein within a period of six months from the date of issue of such permit or within the further period which the [DG] may determine, the validity of such permit shall lapse.

(9)(a) [Provides for the issue to an alien, who has been permitted under this Act to temporarily sojourn in the Republic in terms of a permit referred to in section 26(1)(b), of an immigration permit] mutatis mutandis as if he or she were outside the Republic, and upon the issue of that permit he or she may reside permanently in the Republic.

(b) Notwithstanding the provisions of paragraph (a), a regional committee may authorize a permit in terms of this section to any person who has been permitted under section 26(1) to temporarily sojourn in the Republic, if such person is a person referred to in subsection (4)(b) or (5).

(10) [Provides for the rejection and renewal of applications for an immigration permit.]

(11) [Provides for the reconsideration of an application at the request of the DG.]

(12) [Establishes the circumstances under which a regional committee refers an application to the central committee for consideration or reconsideration.]

(13) [Sets out the powers of the central committee on considering or reconsidering an application.]

(14) [Criminalises certain conduct in relation to the application for and the issuing of an immigration permit.]

(15) [Provides for certain procedural powers of the DG.]”

The attack on the constitutional validity of section 25(5) concentrated on the fact that it

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		permanently and lawfully resident in the Republic, less than two years prior to the date of his or her application, refuse to authorize such a permit unless the committee is satisfied that such marriage was not contracted for the purpose of evading any provision of this Act.
(7)		[Requires, subject to the discretion of the DG to extend the period, that the person to whom the immigration permit is issued must] enter the Republic for the purpose of permanent residence therein within a period of six months from the date of issue of the permit …
(8)		If any person to whom a permit has been issued in terms of subsection (7) does not enter the Republic for the purpose of permanent residence therein within a period of six months from the date of issue of such permit or within the further period which the [DG] may determine, the validity of such permit shall lapse.
(9)(a)		[Provides for the issue to an alien, who has been permitted under this Act to temporarily sojourn in the Republic in terms of a permit referred to in section 26(1)(b), of an immigration permit] mutatis mutandis as if he or she were outside the Republic, and upon the issue of that permit he or she may reside permanently in the Republic.
(b)		Notwithstanding the provisions of paragraph (a), a regional committee may authorize a permit in terms of this section to any person who has been permitted under section 26(1) to temporarily sojourn in the Republic, if such person is a person referred to in subsection (4)(b) or (5).
(10)		[Provides for the rejection and renewal of applications for an immigration permit.]
(11)		[Provides for the reconsideration of an application at the request of the DG.]
(12)		[Establishes the circumstances under which a regional committee refers an application to the central committee for consideration or reconsideration.]
(13)		[Sets out the powers of the central committee on considering or reconsidering an application.]
(14)		[Criminalises certain conduct in relation to the application for and the issuing of an immigration permit.]
(15)		[Provides for certain procedural powers of the DG.]”