Section 42 of the Immigration Act, 13 of 2002, criminalises the employment of an illegal immigrant. Subsection 42(2) of the Act rejects the claim of ignorance as a valid defence in criminal proceedings, while Section 46 of Act 13 of 2002 as amended by the Immigration Amendment Act, 13 of 2011, makes said criminal act punishable by a fine or imprisonment of 1 year on a first conviction, a fine or imprisonment of 2 years on second conviction and imprisonment of 3 years with no option of a fine on a third conviction.
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