REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 203. The great majority of applicants are work-seekers and not necessarily refugees as defined in any of the conventions South Africa is a signatory to. The entry of foreign nationals into South Africa is regulated under the Immigration Act, 2002.135 The Immigration Act, 2002, was amended in 2007 by the Immigration Amendment Act, 2007136 which provides for the clarification and revision of procedures and permits with regard to admission of non-nationals into South Africa. The amendment sought to ensure expediency and efficiency.137 204. Foreign nationals, once they enter South Africa, enjoy the protection provided by the Constitution of the Republic of South Africa. Section 7(1) of the Constitution expressly provides that the Bill of Rights enshrines the rights of “all people in our country”. An asylum seeker, is further entitled to the following whilst within the territory of South Africa:     a formal written recognition as an asylum seeker, pending finalization of his or her application for asylum; the right to remain in the Republic of South Africa pending the finalization of his or her application for asylum; the right not to be unlawfully arrested or detained; and the rights contained in the Constitution of the Republic of South Africa in so far as those rights apply to an asylum seeker. 205. The Refugees Amendment Act, 2008138 amended the principal Act and infuses expediency in the process. The Act dissolved the Standing Committee for Refugee Affairs and the Refugee Appeal Board established under the Refugee Act, 1998. To replace these two bodies, the Refugee Appeals Authority is created with the primary duty to receive and consider appeals arising from persons applying for refugee status within the Republic. The Refugee Amendment Act also outlines the rights of refugees and asylum seekers, which includes full legal protection and enjoyment of rights enshrined in the Constitution except those rights that only apply to citizens. 206. A refugee is entitled to the following:   a formal written recognition of refugee status; full legal protection, which includes the rights set out in chapter 2 of the Constitution of the Republic of South Africa, except those rights that only apply to citizens; 135 Act No 13 of 2002 Act No 3 of 2007 137 The Immigration Amendment Act No 3 of 2011 and No 3 of 2007 have both become effective on 26 May 2014. The Minister of Home Affairs has in terms of Section 7 of the Immigration Act No 13 of 2002 issued Regulations. These Regulations became effective on 26 May 2014, in other words outside the period under review for this report. 138 Act No. 33 of 2008 136 61

Select target paragraph3