Exclusion of Foreign Nationals from South Africa | Webinar

13 November 2025 | 10:00-13:00

The Complexities and Challenges in the Immigration Law

About this webinar
Immigration law in South Africa continues to undergo rapid and complex legal evolution, with growing emphasis on enforcement, discretion, and internal remedies. Legal practitioners are increasingly required to navigate a legal landscape marked by strict compliance requirements, evolving the Department of Home Affairs’ practices, and high-stakes consequences for foreign nationals.

This webinar is tailored to legal practitioners who intend to work within the immigration law space pertaining to prohibited and/or undesirable foreign nationals, legalising the status of illegal foreigners in South Africa, appeals and remedies, exemptions and the legal consequences, and offences of unlawful stay.
This session offers a focused and practical overview of some of the most technical and consequential aspects of immigration law under the Immigration Act 13 of 2002, including guidance on navigating internal remedies and applying statutory relief mechanisms.

Topics to be covered will include:
• Prohibited Persons
Understanding the legal grounds for prohibition, procedural considerations, long-term implications for affected foreign nationals, and available options in order to remove the prohibition.

• Undesirable Persons
A critical analysis of declarations of undesirable persons, Department of Home Affair’s’ practices, and pathways to having undesirability removed.

• Exemptions
An overview of the relevant section/s of the Immigration Act, including the types of exemptions available, the Minister’s discretion, and key practical and legal considerations.

• Good Cause Applications (Authorisation to remain in SA pending an application for a status).
A detailed overview of the consequences of foreign nationals who have overstayed their valid visas/permits in South Africa, and the available options in order to rectify their status without departing from South Africa.

• Appeals and Internal Remedies
Navigating the appeal and review processes within the Department of Home Affairs; when to appeal, how to do it effectively and, if applicable, the intersection with PAJA.

• Offences in terms of the Immigration Act
A review of statutory offences and the legal options available to those affected.

Benefits of attending
This webinar is an essential resource for professionals dealing with high-risk or complex immigration matters. Attendees will:
• Gain in-depth knowledge of the relevant legal framework;
• Learn how to effectively advise clients on internal appeal and review strategies;
• Understand the practical thresholds for establishing “good cause” in a range of discretionary applications;
• Receive guidance on defending or mitigating offences and their long-term consequences;
• Enhance their ability to anticipate and resolve legal challenges in the face of tightening enforcement and administrative discretion; and
• Stay ahead of current legal interpretations and practical application trends within the Department of Home Affairs.

Presenter
Mr Marcus Malan LLB (UP), LLM (UNISA), PhD Candidate – Immigration Law (Wits)
Admitted Attorney | Notary Public | Registered Marriage Officer | Chairperson of the Immigration & Refugee Law Committee of the LSSA.

Mr Malan is a seasoned South African immigration law attorney with over 15 years of legal experience and a distinct academic and practical focus on the subject. He is currently pursuing a PhD in Immigration Law at the University of the Witwatersrand, with a dissertation centred on Prohibited and Undesirable Persons under the Immigration Act 13 of 2002, as amended.

As Chairperson of the Immigration and Refugee Law Committee of the Law Society of South Africa (LSSA), Mr Malan regularly advises fellow legal professionals, contributes to national discussions on immigration reform, and trains legal professionals through accredited legal education platforms.

He is the founder of his own specialist immigration law firm founded in 2010, through which he continues to advise clients and a wide range of institutions on complex immigration and citizenship matters. His structured, practitioner-focused approach makes him an ideal presenter for this advanced-level webinar.

Date
13 November 2025 | 10:00-13:00

Closing date for registrations: 12 November 2025

Certification
Attendance is mandatory to qualify for a certificate.

Who should register?
This webinar will be relevant and beneficial to all practicing legal practitioners (attorneys, advocates and candidates) and non-practicing legal practitioners.

Registration

Registration fee categories (including VAT):

Practising Legal Practitioners: R1 260.00 (including VAT) per participant
Candidate Legal Practitioners: R 630.00 (including VAT) per participant
Others | Non-legal Practitioners: R 2 020.00 (including VAT) per participant

How to register

Kindly note that registrations are done online. For certification purposes, participants should register individually, using their own email address. This will enable the system to generate a unique username and password for each person.

STEP 1:

Payment should be made by electronic funds transfer (EFT) only. You are required to upload the proof of payment (PDF) in step 2 – (Online registration form). Should an invoice be required to effect payment, replace the proof of payment document with a note (Word) requesting an invoice.

LSSA banking details: Account name: Law Society of South Africa | Bank: FNB Pretoria | Branch code: 251445 | Account no: 6200 9641 079 | Reference: Surname, Initials and Cellphone

STEP 2:
Click on link above to register

STEP 3:

Once you have registered to participate, you will receive a system-generated confirmation e-mail that we have received your registration documentation. Twenty-four hours before the course starts, you will receive an e-mail with the link to the course (Microsoft Teams) as well as your course material . Read the instructions in the e-mail carefully. If you do not receive this said email, please check your Spam / Junk folder, or e-mail Seminars@LSSALEAD.ORG.ZA, the day before the Webinar start. Attendees must ensure that they have access to MS Teams well in advance. Kindly test your link as soon as you get it.

For more information about this course contact Seminars Department:
Email: Seminars@LSSALEAD.org.za

Please take note
• The LSSA will not accept liability if the fees are not paid into the designated LSSA bank account.
• The course is conducted in English only.
• The course will be delivered through MS TEAMS. Please ensure that you have MS TEAMS installed on your computer prior to the commencement of the course.
• Please note: In accordance with company policy and copyright protection, no recordings or PowerPoint presentations will be shared. Additionally, unauthorized recording or transcription is not permitted, as it may violate LSSA’s organizational or class policies.
• You will receive the material as well as the link to the course via email, +-24 hours before commencement of the course. Test your links as soon as you receive these links. If you do not receive the said email, look in your junk mail folder. If it is not there, contact Seminars@LSSALEAD.org.za.
• No cancellations will be accepted after the course material and link have been shared. Participants who do not cancel timeously and/or fail to attend the course will forfeit the amount paid towards this course.
• Should you need to cancel your registration, you need to do so in writing before the course link and material are shared. No cancelation will be accepted after it has been made available and failure to comply with this will result in the full fee being charged.
• LSSA/LEAD shall have the right in its sole discretion to postpone or cancel tuition in any programme initially advertised and offered based on insufficient demand. Should LSSA/LEAD cancel the proposed training, registered delegates will be given reasonable notice of the cancellation and all fees paid by the delegate will be refunded.