Student Number: 67651364

Unique Assignment No: 640233

Study Unit: CPD1501
First Semester: Assignment 02
Setho Shoki Martha

The letter withdrawing his permanent residence status, does not comply with the law on foreigners with
permanent residence permit. That is so because the permanent residence permit, which is regulated by
section 25, 26 and 27 of the Immigration Act 13 of 2002, as amended by the Immigration Amendment Act
19 of 2004 and Immigration Amendment Act other words permanent residence permit holders have the
right to permanent employment.

The instances justifying the withdrawal of permanent residence permit in South Africa are:

 If a permanent residence permit holder has been absent from South Africa for more than 3 years.
 If a permanent residence permit holder has failed to comply with the terms and conditions of his
or her permit.
 If a permanent residence permit holder is convicted of a serious criminal offence or an offence in
terms of the Immigration Act.
 A permanent residence holder has not taken up residence in South Africa within one year of the
assurance of such permit

Therefore Mr Smith’s permanent residence status should be reinstated.