Refugees Act, 1998 (Act No. 130 of 1998)RegulationsRefugees Regulations, 201821. Detention and removal of refugees and asylum seekers relating to national security threat |
| (1) | The Minister may issue an order contemplated in section 28(1) of the Act requiring the Director-General to immediately detain and remove, from the Republic, any asylum seeker or refugee named in such order. |
| (2) | Upon receipt of the order issued by the Minister in terms of subregulation (1), the Director- General― |
| (a) | must forthwith withdraw any asylum seeker visa or certificate of recognition of refugee status, identity document or card or travel document issued to any person named in order; |
| (b) | must forthwith submit a copy of the order to a representative of the UNHCR; |
| (c) | may enlist the assistance of any law enforcement officer or structure to trace, arrest, and detain the person; |
| (d) | may collaborate with any state officer or any other person to transport the person to any destination within the Republic, and to remove the person from the territory of the Republic; and |
| (e) | may take any steps necessary to execute the order, including contracting the services of any private service provider. |
| (3) | The UNHCR may, upon receipt of the notification contemplated in subregulation (2), inform the Director-General of its intention to remove or resettle such person to another country, within an agreed period, which period shall not exceed two calendar weeks: Provided that such person must be held in detention until his or her removal by the UNHCR from the Republic. |
| (4) | Any application for judicial review emanating, directly or indirectly, from the order referred to in subregulation (1) may only be lodged by or on behalf of the person named in such order before a High Court of the Republic, within 48 hours of the arrest of the person. |
| (5) | Any order made by a High Court shall be confirmed by the Constitutional Court, within two calendar weeks from the date of the issue of the order contemplated in 28(1), failing which the order of the High Court shall lapse and the Director-General must, notwithstanding the legal status of the order issued by the Minister, proceed with the removal of the person from the territory of the Republic, in the national interest. |
| (6) | The person whose removal is ordered by the Minister may, in writing, indicate to the Director- General his or her intention to voluntarily depart the Republic, in which event the Director-General, may at his or her discretion afford such person and any family member, assistance with travel and other related matters, including a relocation stipend that may not exceed any amount approved in writing by the Minister, provided that the person shall remain in detention until his or her departure from the Republic. |