Refugees Act

2 DESEMBER 1998 No. 19544 OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT No. 1558.

2 December 1998 No. 1558.

2 Desember I998 It is hereby notified following Act which information:- that the President has assented is hereby published to the for general Hierby word bekend gemaak dat die President keuring geheg het aan die onderstaande Wet wat hierby algemene inligting gepubliseer word:- sy goed- ter No. 130 of 1998: Refugees Act. 1998. No. 130 van 1998: Wet op Vlugtelinge, 1998. 2 No. 19544 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 130,1!798 REFUGEES ACT, 1998 (English text signed by the President.) to 20 November 1998.) (Assented ACT principles To give effect within the Republic of South Africa to the relevant instruments, and standards reception into South Africa of asylum recognition of refugee status; to provide for the rights and obligations such status; and to provide for matters connected to refugees; to regulate applications relating seekers; therewith. international to provide legal for the for and flowing from PREAMBLE WHEREAS to Status of Refugees, the 1967 Protocol Relating Organization Problems assumed certain obligations with the standards and principles established the Republic of South Africa has acceded to the 195 1 Convention Relating to the Status of Refugees and the I969 the Specific Aspects of Refugee and has in so doing, in accordance instruments, to receive and treat in its territory of African Unity Convention Governing in Africa as well as other human in international refugees rights law, B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- ARRANGEMENT OF ACT CHAPTER I INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT of refusal of entry, expulsion, extradition or return to in certain circumstances 1. 2. 3. 4. 5. 6. 7. Definitions General prohibition other country Refugee status Exclusion Cessation of refugee status Interpretation, Delegation of powers and duties from refugee status application and administration of Act CHAPTER 2 REFUGEE RECEPTION OFFICES, STANDING COMMITTEE FOR REFUGEE AFFAIRS AND REFUGEE APPEAL BOARD for Refugee Affairs

8. Refugee Reception Office

9. Standing Committee

10. Composition of Standing Committee

11. Powers and duties of Standing Committee

12. Establishment of Refugee Appeal Board

13. Composition of Appeal Board

14. Powers and duties of Appeal Board 5 10 15 20 4 No. 19544 GOVERNMENT GAZET-I’E,~ DECEMBER~~~~ Act No. 130,1998 REFUGEES ACT. 1998

15. Meetings of Standing Committee and Appeal Board 16. periods of office of members of Standing Committee

18. Filling of vacancies

20. Administrative of members of Standing Committee staff of Standing Committee and Appeal Board from office of member of Standing Committee in Standing Committee or Appeal Board and Appeal Board and Appeal Board or Appeal Board CHAPTER 3 APPLICATION FOR ASYLUM for asylum

22. Asylum seeker permit

23. Detention of asylum seeker

24. Decision regarding application for asylum CHAPTER 4 REVIEWS AND APPEALS

25. Review by Standing Committee

26. Appeals to Appeal Board CHAPTER 5 RIGHTS AND OBLIGATIONS OF REFUGEES

27. Protection and general rights of refugees

28. Rights of refugees in respect of removal

29. Restriction of detention Identity document 30.

33. Dependants of refugee of refugees

34. Obligations to refugee to refugee child and mentally disabled person from Republic CHAPTER 6 SUPPLEMENTARY AND GENERAL PROVISIONS of asylum seekers in event of mass influx

35. Reception and accommodation

36. Withdrawal of refugee status

37. Offences and penalties

39. Training of staff

41. Short title and commencement arrangements CHAPTER 1 INTERPRETATION, APPLICATION AND ADMINISTRATION OF ACT Definitions

1. In this Act, unless the context shows that another meaning is intended- (i) (ii) for asylum” means an application “abusive (a) with the purpose of defeating or evading criminal or civil proceedings or for asylum made- application (b) thereof; or the consequences after the refusal of one or more prior applications without any substantial change having occurred the situation in the applicant’s personal circumstances in his or her country of origin; (xiv) or in s ontrol Act, 199 1,” means the Aliens Control Act, 1991 (Act No. 96 “Alien C of 1991); (xxiv) 5 10 15 20 25 30 35 40 45 6 No. 19544 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 130,1998 REFUGEES ACT, 1998 (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) in (iv) (viii) knows dependent application in relation are intended as a refugee to an asylum for asylum based in section 22; (v) seeker or a refugee, (vi) unfounded in terms of this Act; (iii) to be false and which means the Director-Genera1 for asylum” means an application application” means an application includes the aged or infirm seeker permit” means a permit contemplated seeker” means a person who is seeking recognition facts, to materially affect the outcome of child or any destitute, (i) of the Department; “Appeal Board” means the Refugee Appeal Board, established by section 12; (ii) “asylum’* means refugee status recognised “asylum the Republic; “asylum “child” means any person under the age of 18 years; (x) “Department” means the Department of Home Affairs; (vii) “dependant”, spouse, any unmarried member of the family of such asylum seeker or refugee; “Director-General” “fraudulent without reasonable cause on facts, information, documents or representations which information, the applicant documents or representations the application; “manifestly for asylum made on grounds other than those on which such an application may be made under this Act; (xi) “Minister” means the Minister of Home Affairs; (xiii) “prescribed” means prescribed by regulation; “refugee” means any person who has been granted asylum Act; (xviii) “Refugee Reception Office” means a Refugee Reception Office established under section 8( 1); (xx) “Refugee Reception Officer” means a Refugee Reception Officer referred to in section 8(2); (xix) “Refugee Status Determination Officer” means a Refugee Status Determina- tion Officer referred “regulation” means any regulation made under this Act; (xvi) “rules” means the rules made by the Appeal Board under section 14(2); (xv) among others, a group of persons of particular “social group” includes, gender, sexual orientation, disability, class or caste; (xii) “Standing Committee” means established by section 9; (xvii) “this Act” includes “UNHCR” means (xxii) the regulations; the United Nations High Commissioner the Standing Committee to in section 8(2); (xxi) for Refugee Affairs, in terms of this for Refugees. (xxiii) (ix) 5 10 15 20 25 30 35 General prohibition of refusal of entry, expulsion, country in certain circumstances extradition or return to other 40

2. Notwithstanding person may be refused entry into the Republic, expelled, extradited or returned other country or be subject expulsion, extradition, remain any provision of this Act or any other law to the contrary, no to any if as a result of such refusal, to return to or return or other measure, such person is compelled to any similar measure, in a country where- 45 (u) he or she may be subjected to persecution political opinion or membership on account of his or her race, social of a particular religion, nationality, group; or (6) his or her life, physical safety or freedom would be threatened on account of 50 external aggression, occupation, foreign domination or other events seriously disturbing or disrupting public order in either part or the whole of that country. Refugee status

3. Subject to Chapter 3, a person qualifies for refugee status for the purposes of this Act if that person- (u) owing to a well-founded fear of being persecuted by reason of his or her race, of a particular tribe, religion, nationality, and is unable or social group, is outside to avail himself or herself of the protection of that country, or, not unwilling having a nationality and being outside the country of his or her former habitual residence political opinion or membership the country of his or her nationality to such fear, unwilling is unable or, owing to return to it; or 55 60 (b) owing aggression, to external or events occupation, seriously disturbing or disrupting public order in either a part or the whole of his or her country of origin or nationality, to leave his or her place of habitual is a dependant of a person contemplated in order to seek refuge elsewhere: or foreign domination in paragraph is compelled (0) or (b). residence (c) Exclusion from refugee status 4. (1) A person does not qualify for refugee status for the purposes of this Act if there is reason (0) W (c) (d) that he or she- in any international to believe has committed a crime against peace, a war crime or a crime against humanity, as defined legal instrument dealing with any such crimes; or has committed committed has been guilty of acts contrary Nations Organisation enjoys residence. in the Republic, would be punishable by imprisonment; to the objects and principles of the United is not of a political nature and which, the protection of any other country in which he or she has taken of African Unity; or or the Organisation a crime which or if (2) For the purposes of subsection (l)(c), no exercise of a human under international of the United Nations Organisation law may be regarded as being contrary or the Organisation of African Unity. right recognised to the objects and principles 5 10 15 20 Cessation of refugee status 5. (1) A person ceases to qualify (4 (b) w (4 W lost his or her nationality, he or she by some voluntary and formal act 25 or it; or and enjoys for refugee status for the purposes of this Act if- reavails himself or herself of the protection of the he or she voluntarily country of his or her nationality; having reacquires he or she becomes a citizen of the Republic or acquires the nationality of some other country the protection of the country of his or her new nationality; he or she voluntarily or she left; or to refuse to avail himself or herself of the he or she can no longer continue protection of the country of his or her nationality because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist and no other circumstances continued ___ (l)(e) does not apply to a refugee who is able to invoke compelling as a refugee. re-establishes recognition or himself or herself in the country which he 30 have arisen which justify his or her 35 (2) Subsection reasons arising out of previous persecution protection of the country of nationality. for refusing to avail himself or herself of the (3) The refugee status of a person who ceases to qualify for it in terms of subsection 40 (1) may be withdrawn in terms of section 36. Interpretation, application and administration of Act 6. (1) This Act must be interpreted and applied with due regard to- (a) (b) (c) to the Status of Refugees to the Status of Refugees the Convention Relating the Protocol Relating the OAU Convention Governing Africa (OAU, 1969); the Universal Declaration of Human Rights (UN, 1948); and any other agreement Republic (2) The Minister convention is or becomes a party. is responsible for the administration of this Act. international relevant (d) (e) or (UN, 195 I); (UN, 1967); the Specific Aspects of Refugee Problems 45 in to which the Delegation of powers and duties 7. (1) The Minister may delegate any power granted her in terms of this Act, except the duty referred Department. to, or duty imposed upon, him or to in section 6(2), to an officer in the 50 55 10 No. 19544 GOVERNMENT GAZETTE. 2 DECEMBER 1998 Act No. 130, 1998 REFUGEES ACT, I998 (2 1 A power or duty so delegated must be exercised or performed in accordance with the directions of the Minister, who may at any time withdraw such delegation. (3) A delegation under subsection (I) does not prevent the Minister from exercising the power or performing the duty in question himself or herself. CHAPTER 2 5 REFUGEE RECEPTION OFFICES, STANDING COMMITTEE FOR REFUGEE AFFAIRS AND REFUGEE APPEAL BOARD Refugee Reception Office 8. (1) The Director-General may establish as many Refugee Reception Offices in the Republic necessary as he or she, after consultation with the Standing Committee, for the purposes of this Act. regards as 10 (2) Each Refugee Reception Office must consist of at least one Refugee Reception Officer and one Refugee Status Determination Officer who must- (u) be officers of the Department, designated by the Director-General for a term of office determined by the Director-General; and (b) have such qualifications, experience and knowledge of refugee matters as makes them capable of performing their functions. (3) The Director-General must, with the approval of the Standing Committee, ensure training necessary that each officer appointed under this section receives to enable such officer to perform his or her functions properly. the additional 15 20 Standing Committee for Refugee Affairs 9. ( 1) There is hereby established (2) The Standing Committee must a Standing Committee for Refugee Affairs. function without any bias and must be independent. (3) The headquarters of the Standing Committee must be determined by the Minister. 25 Composition of Standing Committee 10. (1) The Standing Committee must consist of- and a chairperson; (u) (b) such number of other members as the Minister may determine, having regard to the likely volume of work to be performed by the Committee. (2) The chairperson and other members of the Standing Committee must be appointed and expertise, as well by the Minister with due regard to their experience, qualifications the functions of their office properly. as their ability to perform (3) A person may not be appointed as a member of the Standing Committee if he or she- (a) (b) is not a South African citizen; has been sentenced preceding four years. to imprisonment without the option of a fine during the (4) At least one of the members of the Standing Committee must be legally qualified. Powers and duties of Standing Committee

11. The Standing Committee- (4 U-4 (c) (4 (e) liaise with representatives for the granting of asylum; the work of the Refugee Reception Offices; may formulate and implement procedures may regulate and supervise may organisation; must advise the Minister or Director-General; must review decisions by Refugee Status Determination Officers in respect of manifestly unfounded of the UNHCR or any nongovernmental the Minister or Director-General on any matter referred applications; to it by 30 35 40 45 12 No. 19544 GOVERNMENT GAZEYITE. 2 DECEMBER 1998 Act No. 130,1998 REFUGEES ACT. I998 (f) must decide any matter of law referred to it by a Refugee Status Determination Officer; (R) must monitor (h) must determine the decisions of the Refugee Status Determination Officers; and to study or work in the Republic under relating the conditions which an asylum seeker permit may be issued. Establishment of Refugee Appeal Board 12. (1) There is hereby established (2) The headquarters of the Appeal Board must be determined by the Minister. (3) The Appeal Board must function without any bias and must be independent. a Refugee Appeal Board. Composition of Appeal Board 5 10 13. (1) The Appeal Board must consist of a chairperson and at least members, appointed by the Minister with due regard to a person’s suitability a member by virtue of his or her experience, qualifications capability the functions of the Appeal Board properly. two other to serve as and expertise and his or her to perform (2) At least one of the members of the Appeal Board must be legally qualified. (3) A person may not be appointed as a member of the Appeal Board if he or she- 15 is not a South African citizen; (u) (b) has been sentenced to imprisonment without the option of a fine during the preceding four years. Powers and duties of Appeal Board 14. ( 1) The Appeal Board must- . 20 to it in terms of this Act; (u) hear and determine any question of law referred (b) (c) hear and determine any appeal advise the Minister or Standing Committee Minister or Standing Committee lodged in terms of this Act; refers to the Appeal Board. regarding any matter which the (2) The Appeal Board may determine (3) Rules made under subsection its own practice and make its own rules. (2) must be published in the Gnzette. Meetings of Standing Committee and Appeal Board

15. In the case of both the Standing Committee and the Appeal Board- (n) meetings must be convened by the chairperson; a quorum; (b) (c) decisions must be taken by a majority of votes, and in the case of an equality the majority of members constitutes of votes, the chairperson has a casting vote. Periods of office of members of Standing Committee and Appeal Board

16. In the case of both the Standing Committee and the Appeal Board- (a) (b) (c) for five years; for reappointment is appointed is eligible a member any member office; any member may resign by tendering Minister. upon expiry of his or her term of a written notice of resignation to the Removal from office of member of Standing Committee or Appeal Board 17. ( 1) Any member of the Standing Committee or Appeal Board may be removed the or inability to perform from office by the Minister on account of misconduct functions of his or her office properly. (2) The Minister may only act in terms of subsection the relevant chairperson have been given an opportunity comments comments on the matter and the Minister has taken any such representations into consideration. (1) if the member concerned and or to make representations and 25 30 35 40 45

14 No. 19544 GOVERNMENTGAZETTE, DECEMBER 1998 ActNo.130,1998 REFUGEES ACT, 1998 Filling of vacancies in Standing Committee or Appeal Board

18. The Minister may appoint a suitable person in a vacancy arising from the death, from office of a member of the Standing Committee or Appeal in respect of whom the resignation or removal Board, for the remainder of the term of office of the member vacancy has occurred. 5 Remuneration of members of Standing Committee and Appeal Board Administrative staff of Standing Committee and Appeal Board 10

20. The administrative work connected with the performance of the functions of the and the Appeal Board, must be performed by officers of the Standing Committee Department, designated by the Director-General for that purpose. 15 20 30 35 CHAPTER 3 APPLICATION FOR ASYLUM Application for asylum 21. (1) An application prescribed procedures for asylum must be made in person in accordance with the to a Refugee Reception Officer at any Refugee Reception Office. (2) The Refugee Reception Officer concemed- fd (4 furnished (4 04 form from the applicant; form is properly completed, in this regard; must accept the application must see to it that the application necessary, must assist the applicant may conduct such enquiry as he or she deems necessary information must submit any application information to a Refugee Status Determination Officer, to deal with it in terms of section 24. for asylum, every applicant must have his or her fingerprints or other prints taken in the prescribed manner and every applicant who is 16 years old or older must furnish two recent photographs of himself or herself of such dimensions to the applicant which he or she may have obtained, (3) When making an application as may be prescribed. in order to verify the in the application; and, where relating and received by him or her, together with any 25 (4) Notwithstanding continued within the Republic against any person if- any law to the contrary, no proceedings may be instituted or entry into or presence in respect of his or her unlawful (1), until a decision such person has had to exhaust his or her rights of review or appeal in terms of in terms of subsection and, where applicable, (a) (6) such person has applied for asylum has been made on the application an opportunity Chapter 4; or such person has been granted asylum. of asylum applications (5) The confidentiality and the information contained therein 40 must be ensured at all times. Asylum seeker permit 22. (1) The Refugee Reception Officer must, pending the outcome of an application in to sojourn the applicant issue to the applicant an asylum seeker permit in the prescribed terms of section 21(l), form allowing conditions, determined by the Standing Committee, which are not in conflict with the Constitution or international law and are endorsed by the Refugee Reception Officer on the permit. (2) Upon to the in terms of the Aliens Control Act, 199 1, becomes null and void, and must in terms of subsection the issue of a permit in the Republic (I), any permit temporarily, subject issued applicant forthwith be returned to the Director-General for cancellation. to any 45 50 5 10 15 20 25 16 No. 19544 Act No. 130,1998 GOVERNMENT GAZE-I-I-E, 2 DECEMBER 1998 REFUGEES ACT, I998 (3) A Refugee Reception Oticer may from time to time extend a permit has been issued in terms of subsection which a permit has been so issued. (I), or amend the period for which subject to the conditions (4) The permit referred to in subsection (1) must contain a recent photograph and the fingerprints or other prints of the holder thereof as prescribed. (5) A permit issued to any person in terms of subsection (1) lapses if the holder departs from the Republic without the consent of the Minister. (6) The Minister may at any time withdraw an asylum seeker permit if- any conditions for asylum has been endorsed on that permit; or to be manifestly found unfounded, (c) (d) for asylum has been rejected; or for asylum ineligible (7) Any person who fails to return a permit is or becomes in terms of section 4 or 5. (2), or to set out in a permit issued in terms of this section, is guilty of for a period not in accordance with subsection to a fine or to imprisonment comply with any condition an offence and liable on conviction exceeding five years, or to both a fine and such imprisonment. (a) (b) the applicant contravenes the application abusive or fraudulent; or the application the applicant Detention of asylum seeker

23. If the Minister has withdrawn an asylum seeker permit in terms of section 22(6), he or she may, subject to section 29, cause the holder to be arrested and detained pending in the manner and place determined by him the finalisation of the application or her with due regard to human dignity. for asylum, Decision regarding application for asylum 24. (1) Upon receipt of an application for asylum the Refugee Status Determination Officer- (a) in order to make a decision, may request any information or clarification he or she deems necessary from an applicant or Refugee Reception Officer; (b) where necessary, may consult with and invite a UNHCR representative to furnish (c) may, with information on specified matters; and the permission of the asylum seeker, provide the UNHCR 30 representative with such information as may be requested. (2) When considering an application have due regard for the rights set out in section 33 of the Constitution, ensure responsibilities and the evidence presented. fully understands the applicant that the Refugee Status Determination Officer must and in particular, his or her rights and the procedures, (3) The Refugee Status Determination Officer must at the conclusion of the hearing- (a) grant asylum; or (b) (c) (d) reject the application reject the application refer any question of law to the Standing Committee. as manifestly unfounded, as unfounded; or abusive or fraudulent; or (4) If an application is rejected in terms of subsection (3)(b)- (a) written reasons must be furnished to the applicant within five working days (b) after the date of the rejection or referral; the record of proceedings (a) must be submitted after the date of the rejection or referral. and a copy of the reasons to in paragraph to the Standing Committee within 10 working days referred 35 40 45 CHAPTER 4 REVIEWS AND APPEALS Review by Standing Committee 25. (1) The Standing Committee must review any decision taken by a Refugee Status 50 Determination Officer in terms of section 24(3)(b). (2) Before reaching a decision, the Standing Committee may- 18 No. 19544 Act No. 130,1998 GOVERNMENT GAZETTE, 2 DECEMBER 1998 REFUGEES ACT, 1998 invite the UNHCR (a) representative (b) request the attendance of any person who is in a position to make oral or written representations; to provide it with information relevant to the matter being dealt with; (c) on its own accord make such further enquiry and investigation into the matter (d) being dealt with as it may deem appropriate; request the applicant as it may deem necessary. and to appear before it and to provide such other information 5 (3) The Standing Committee- (u) may confirm or set aside a decision made in terms of section 24(3)(b); and (6) must decide on a question of law referred to it in terms of section 24(3)(d). 10 (4) The Standing Committee must inform the Refugee Status Determination Officer concerned of its decision in the prescribed manner and within (5) After the Standing Committee has decided a question of law referred to it in terms back to the and the in terms of the of section 24(3)(d), Refugee Status Determination Officer with such directives Refugee Status Determination Officer must decide directives. the Standing Committee must refer the application as are necessary the application the prescribed time. Appeals to Appeal Board 26. (I) Any asylum seeker may lodge an appeal with the Appeal Board in the manner if the Refugee Status Determination the period provided for in the rules and within Officer has rejected the application in terms of section 24(3)(c). 15 20 (2) The Appeal Board may after hearing an appeal confirm, set aside or substitute any decision taken by a Refugee Status Determination Officer in terms of section 24(3). the Appeal Board may- (3) Before reaching a decision, (u) invite the UNHCR (b) refer the matter back representative to make oral or written representations; 25 to the Standing Committee for further inquiry and investigation; request provide request information (c) the attendance of any person who, in its opinion, the Appeal Board with relevant (d) of its own accord make further inquiry or investigation; (e) to appear before the applicant information; it and as it may deem necessary. is in a position to to provide any such other (4) The Appeal Board must allow legal representation upon the request of the applicant. CHAPTER 5 RIGHTS AND OBLIGATIONS OF REFUGEES Protection and general rights of refugees

27. A refugee- (u) is entitled form; to a formal written recognition of refugee status in the prescribed 30 35 40 (b) enjoys full legal protection, which includes and the right to remain the Constitution provisions of this Act; is entitled to apply for an immigration Act, 199 1, after five years’ continuous on which he or she was granted asylum, that he or she will remain a refugee is entitled is entitled in section 31; to an identity document to a South African (c) (d) (e) the rights set out in Chapter 2 of in accordance with the in the Republic permit in terms of the Aliens Control residence in the Republic from the date 45 if the Standing Committee certifies indefinitely; referred to in section 30; travel document on application as contemplated 50 20 No. 19544 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 130,1998 REFUGEES ACT, 1998 m (g) is entitled is entitled the inhabitants of the Republic to seek employment; to the same basic health services and basic primary education which and receive from time to time. Rights of refugees in respect of removal from Republic 28. (1) Subject to section 2, a refugee may be removed from the Republic on grounds 5 of national security or public order. (2) A removal under subsection regard for the rights set out in section 33 of the Constitution in terms of international law. (1) may only be ordered by the Minister with due and the rights of the refugee (3) If an order is made under this section for the removal from the Republic of a 10 refugee, any dependant included afforded a reasonable opportunity her application in such an order and removed for asylum has been rejected. of such refugee who has not been granted asylum, may be if such dependant has been to apply for asylum but has failed to do so or if his or from the Republic (4) Any refugee ordered to be removed under this section may be detained pending his 15 or her removal from the Republic. (5) Any order made under to obtain approval this section must afford reasonable time to the refugee from any country of his or her own choice, for his or her concerned removal to that country. 20 25 35 40 Restriction of detention 29. (1) No person may be detained in terms of this Act for a longer period than is and justifiable and any detention reasonable immediately jurisdiction that purpose and such detention must be reviewed expiry of every subsequent period of 30 days. by a judge of the High Court of the provincial division the person is detained, designated by the Judge President of that division in this manner immediately in whose area of for after the exceeding 30 days must be reviewed (2) The detention of a child must be used only as a measure of last resort and for the . shortest appropriate period of time. Identity document to refugee 30. (1) A refugee must be issued with an identity document which must contain- 30 full forenames, gender, date of birth and the place or in the prescribed manner; (a) (b) an identity number of the holder compiled the holder’s surname, country where he or she was born; the country of which the holder is a citizen, a recent photograph of the holder; and the holder’s fingerprints or other prints, taken and displayed manner. (2) An identity document referred to in subsection (c) (d) (e) if any; (1) must be in the prescribed form. in the prescribed Travel document to refugee

31. A refugee may apply for a travel document in the prescribed manner. Unaccompanied child and mentally disabled person 32. (1) Any’child who appears to qualify for refugee status in terms of section 3, and that he or she is a child in need in the Child Care Act, 1983 (Act No. 74 of 1983), must who is found under circumstances which clearly indicate of care as contemplated forthwith be brought before the Children’s Court for the district in which he or she was 45 found. (2) The Children’s Court may order that a child contemplated in subsection (1) be assisted in applying for asylum in terms of this Act. (3) Any mentally disabled person who appears to qualify for refugee status in terms of section 3 must be assisted in applying for asylum in terms of this Act. 50 22 No. 1954 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 130,1998 REFUGEES ACT. 1998 Dependants of refugee 33. (1) A person who qualifies for refugee status in terms of section 3(a) or (b) and who would like one or more of his or her dependants who have accompanied him or her to the Republic for asylum, also assist every such dependant in terms of this Act or apply on behalf of any such dependant who is not able to apply by himself or herself. to receive asylum must, when applying to apply for asylum (2) Where a dependant of a recognised in accordance with an asylum seeker permit or has been granted asylum in terms of this Act, and ceases the age of to be a dependant by reason of his or her marriage, his or her attaining refugee, as the majority or the cessation of his or her dependence upon the recognised in the Republic to remain within case may be, he or she may be permitted accordance with the provisions of this Act. is within the Republic to continue refugee (3) Upon the death of a recognised who, immediately before such death or divorce was within the Republic Act as a dependant of such recognised within in accordance with the provisions of this Act. refugee or upon his or her divorce, every person in terms of this to remain refugee, may be permitted to continue the Republic (4) Nothing contained a person who has, in terms of subsection in the Republic provisions of this Act. from applying in this Act may prevent a dependant of a recognised to continue (2) or (3), been permitted refugee or to remain in accordance with the for recognition as a refugee 5 IO 15 20 Obligations of refugees

34. A refugee must abide by the laws of the Republic. CHAPTER 6 SUPPLEMENTARY AND GENERAL PROVISIONS Reception and accommodation of asylum seekers in event of mass influx . 25 35. (1) The Minister may. if he or she considers qualify for refugee status as is contemplated declare such group or category of persons subject Constitution Gazette. that any group or category of persons in the Gazette, or as the Minister may the law and may revoke any such declaration by notice in the to be refugees either unconditionally in conformity with to such conditions and international in section 3, by notice impose (2) The Minister may, after consultation with the UNHCR and the Premier of the province concerned, designate areas, centres or places for the temporary reception and accommodation of asylum seekers or refugees or any specific category or group of asylum seekers or refugees who entered the Republic on a large scale, pending the regularisation of their status in the Republic. representative (3) The Minister may appoint any person as a manager of an area, centre or place designated under subsection (2). (4) The Minister may at any time withdraw the designation of an area, centre or place contemplated in subsection (2). Withdrawal of refugee status , 36. (1) If a person has been recognised as a refugee erroneously on an application which contains any materially to fraud, forgery, a false or misleading in relation terms of section 5-- to the application or if such person ceases incorrect or false information, representation or was so recognised due of a material or substantial nature for refugee status in to qualify (a) (b) the Standing Committee must withdrawing his or her classification such person may, within with regard thereto. inform such person of its as refugee and the reasons the prescribed period, make a written submission intention of therefor; and (2) After consideration of all material in section 33 of the Constitution. facts and with due regard for the rights set out such the Standing Committee mav withdraw 30 35 40 45 50 5 10 15 20 2s 24 No. 19544 GOVERNMENT GAZETTE. 2 DECEMBER 1998 Act No. 130.1998 REFUGEES ACT, 1998 recognition Control Act, 1991. and such person may be dealt with as a prohibited person under the Aliens (3) Any refugee whose recognition (1) may be arrested and detained pending being dealt with in terms of the Aliens Control Act, 1991. in terms of subsection as such is withdrawn Offences and penalties

37. Any person who- (a) (b) the entry into or residence for the purpose of entering, or remaining assisting any other person, commits any fraudulent act or makes any false representa- tion by conduct, statement or otherwise; or fails to comply with or contravenes the conditions has been issued to him or her under this Act; or in, the Republic or of facilitating or in the Republic of himself or herself or subject to which any permit (c) without just cause refuses or fails to comply with a requirement of this Act; or if such (d) to comply with any provision of this Act, or fails is guilty of an offence and liable on conviction not exceeding five years, or to both a fine and such imprisonment. to a fine or to imprisonment for a period or failure is not elsewhere declared an-offence, contravenes contravention in which and period within which a matter must be referred to the Regulations 38. ( 1) The Minister may make regulations relating to- into the Republic; (a) (b) (c) (d) (e) cf) (g) influx of asylum seekers a large-scale the manner Standing Committee; the forms to be used under certain circumstances the outcome of an application pending the manner the period manifestly unfounded, the conditions of sojourn application the provision of interpreters any other matter which is necessary or expedient objects of this Act may be achieved. is under consideration; and for asylum; in which applications and the permit to be issued fraudulent or abusive, must be dealt with; in the Republic of an asylum seeker, while his or her for asylum which are at all levels of the determination to prescribe process; and in order that the 30 (2) A regulation under subsection (l)(a) may only be made in consultation with the Premier of any province into which the influx takes place. Training of staff

39. The Director-General must, in consultation with the Standing Committee, take such steps as to ensure the appropriate training of any person- to whom powers are delegated (a) (b) who is appointed in any capacity in terms of this Act; or in terms of this Act. Transitional arrangements

40. Any person who, immediately of this Act, was in the process of applying refugee must be regarded as having applied for asylum or as having been recognised as a refugee in terms of this Act, and the provisions of this Act apply in all respects and such refugee, as the case may be. to such applicant and his or her application for asylum or was a recognised before the commencement Short title and commencement

41. This is the Refugees Act, 1998, which comes into operation on a date determined by the President by proclamation in the Gazette. 35 40 45