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
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