Home Affairs Minister Malusi Gigaba has the power to ban the anti-gay American Pastor Steven Anderson from entering South Africa, in terms of the Immigration Act.
According to immigration attorney Gary Eisenberg, Anderson's visa can be denied at the Minister's discretion, and the controversial pastor can also be declared as an undesirable person by the Minister, which would prevent his entry into the country.
Eisenberg was speaking to #NightTalk's Gugs Mhlungu and Sizwe Dhlomo.
The visa can certainly be denied at the Minister's discretion. That's what the Immigration Act empowers the Minister to do— Gary Eisenberg, Immigration Attorney
There has been an uproar over Anderson's planned visit to South Africa this month.
The pastor from the Faithful World Baptist Church in Phoenix, Arizona, faced condemnation for celebrating the killing of 49 people at Pulse, a gay night club in Orlando, in June.
The South African Human Rights Commission (SAHRC) has received complaints over Anderson's expected visit.
The South African lesbian, gay, bisexual, transgender, intersex and questioning (LBGTIQ) community has strongly opposed to Anderson's South African visit.
This man is not only a homophobe, but he is also a holocaust denier— Gary Eisenberg, Immigration Attorney
Earlier this week, Minister Gigaba met with representatives of the LBGTIQ community who urged him to ban Anderson from entering the country.
The Minister said that South Africa would not tolerate foreign nationals who come to the country to spread homophobia and other forms of hate.
Eisenberg says that the Minister must always exercise discretion when declaring a foreign national as an undesirable, and that there must be good reason for it.
Eisenberg says that there are good reasons for Anderson to be declared as an undesirable.
Listen to the conversation below:
Isn't hate speech a crime in this country? https://t.co/iUf0iGlxRG— Nina Hastie (@THATninahastie) September 8, 2016