What the law says about refusing an individual entry into the country

Home Affairs Minister Malusi Gigaba yesterday announced that anti-gay American pastor Steven Anderson will not be granted a visa to visit South Africa.

CapeTalk's Pippa Hudson examines legalities around the Minister's ruling, asking under which circumstance does the minister have the right to refuse an individual entry into the country?

Immigration Attorney Gary Eisenberg says the Minister has the power to grant an exemption to foreign nationals like American citizens. He says Canadians and Americans can enjoy the benefits of this exemption by visiting the country for 90 days, visa free.

However, the Minister also has the power to remove these exemptions. In Pastor Anderson's case he did not remove the exemption but got the Director General of Home Affairs to declare Anderson an undesirable person.

Eisenberg says the Minister was reluctant to act on Anderson's case until the LGBTI community served him with a 60 000 signature petition pleading with him not to allow Anderson into the country. And the Minister listened.

Listen to the full conversation below:

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