This is the version of this Act as it was from 27 September 2015 to 31 December 2019. Read the latest available version.
South Africa
Refugees Act, 1998
Act 130 of 1998
- Published in Government Gazette 19544 on 2 December 1998
- Assented to on 20 November 1998
- Commenced on 1 April 2000 by Refugees Act, 1998: Commencement
- [This is the version of this document as it was from 27 September 2015 to 31 December 2019.]
- [Amended by Refugees Amendment Act, 2015 (Act 10 of 2015) on 27 September 2015]
Chapter 1
Interpretation, application and administration of Act
1. Definitions
In this Act, unless the context shows that another meaning is intended—"abusive application for asylum" means an application for asylum made—(a)with the purpose of defeating or evading criminal or civil proceedings or the consequences thereof; or(b)after the refusal of one or more prior applications without any substantial change having occurred in the applicant’s personal circumstances or in the situation in his or her country of origin;"Aliens Control Act, 1991," means the Aliens Control Act, 1991 (Act No. 96 of 1991);"Appeal Board" means the Refugee Appeal Board, established by section 12;"asylum" means refugee status recognised in terms of this Act;"asylum seeker" means a person who is seeking recognition as a refugee in the Republic;"asylum seeker permit" means a permit contemplated in section 22;"child" means any person under the age of 18 years;"Department" means the Department of Home Affairs;"dependant", in relation to an asylum seeker or a refugee, includes the spouse, any unmarried dependent child or any destitute, aged or infirm member of the family of such asylum seeker or refugee;"Director-General" means the Director-General of the Department;"fraudulent application for asylum" means an application for asylum based without reasonable cause on facts, information, documents or representations which the applicant knows to be false and which facts, information, documents or representations are intended to materially affect the outcome of the application;"manifestly unfounded application" means an application for asylum made on grounds other than those on which such an application may be made under this Act;"Minister" means the Minister of Home Affairs;"prescribed" means prescribed by regulation;"refugee" means any person who has been granted asylum in terms of this Act;"Refugee Reception Office" means a Refugee Reception Office established under section 8(1);"Refugee Reception Officer" means a Refugee Reception Officer referred to in section 8(2);"Refugee Status Determination Officer" means a Refugee Status Determination Officer referred to in section 8(2);"regulation" means any regulation made under this Act;"rules" means the rules made by the Appeal Board under section 14(2);"social group" includes, among others, a group of persons of particular gender, sexual orientation, disability, class or caste;"Standing Committee" means the Standing Committee for Refugee Affairs, established by section 9;"this Act" includes the regulations;"UNHCR" means the United Nations High Commissioner for Refugees.2. General prohibition of refusal of entry, expulsion, extradition or return to other country in certain circumstances
Notwithstanding any provision of this Act or any other law to the contrary, no person may be refused entry into the Republic, expelled, extradited or returned to any other country or be subject to any similar measure, if as a result of such refusal, expulsion, extradition, return or other measure, such person is compelled to return to or remain in a country where—3. Refugee status
Subject to Chapter 3, a person qualifies for refugee status for the purposes of this Act if that person—4. Exclusion from refugee status
5. Cessation of refugee status
6. Interpretation, application and administration of Act
7. Delegation of powers and duties
Chapter 2
Refugee Reception Offices, Standing Committee for Refugee Affairs and Refugee Appeal Board
8. Refugee Reception Office
9. Standing Committee for Refugee Affairs
10. Composition of Standing Committee
11. Powers and duties of Standing Committee
The Standing Committee—12. Establishment of Refugee Appeal Board
13. Composition of Appeal Board
14. Powers and duties of Appeal Board
15. Meetings of Standing Committee and Appeal Board
In the case of both the Standing Committee and the Appeal Board—16. Periods of office of members of Standing Committee and Appeal Board
In the case of both the standing committee and the Appeal Board—17. Removal from office of member of Standing Committee or Appeal Board
18. Filling of vacancies in Standing Committee or Appeal Board
The Minister may appoint a suitable person in a vacancy arising from the death, resignation or removal from office of a member of the Standing Committee or Appeal Board, for the remainder of the term of office of the member in respect of whom the vacancy has occurred.19. Remuneration of members of Standing Committee and Appeal Board
The members of the Standing Committee and the Appeal Board must receive such remuneration, allowances and other benefits as may be determined by the minister with the approval of the Minister of Finance.20. Administrative staff of Standing Committee and Appeal Board
The administrative work connected with the performance of the functions of the Standing Committee and the Appeal Board, must be performed by officers of the Department, designated by the Director-General for that purpose.Chapter 3
Application for asylum
21. Application for asylum
22. Asylum seeker permit
23. Detention of asylum seeker
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 the finalisation of the application for asylum, in the manner and place determined by him or her with due regard to human dignity.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
A refugee—28. Rights of refugees in respect of removal from Republic
29. Restriction of detention
30. Identity document to refugee
31. Travel document to refugee
A refugee may apply for a travel document in the prescribed manner.32. Unaccompanied child and mentally disabled person
33. Dependants of refugee
34. Obligations of refugees
A refugee must abide by the laws of the Republic.Chapter 6
Supplementary and general provisions
35. Reception and accommodation of asylum seekers in event of mass influx
36. Withdrawal of refugee status
37. Offences and penalties
Any person who—38. Regulations
39. Training of staff
The Director-General must, in consultation with the Standing Committee, take such steps as to ensure the appropriate training of any person—40. Transitional arrangements
Any person who, immediately before the commencement of this Act, was in the process of applying for asylum or was a recognised 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 to such applicant and his or her application and such refugee, as the case may be.41. Short title and commencement
This is the Refugees Act, 1998, which comes into operation on a date determined by the President by proclamation in the Gazette.History of this document
01 January 2020
Amended by
Refugees Amendment Act, 2008
Amended by
Refugees Amendment Act, 2011
Amended by
Refugees Amendment Act, 2017
Read this version
27 September 2015 this version
Amended by
Refugees Amendment Act, 2015
01 April 2000
Commenced by
Refugees Act, 1998: Commencement
02 December 1998
20 November 1998
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Refugee Appeals Authority of South Africa Rules, 2013 | Government Notice 955 of 2013 |
Refugees Regulations, 2018 | Government Notice R1707 of 2019 |
Cited documents 13
Legislation 13
- Births and Deaths Registration Act, 1992
- Children's Act, 2005
- Civil Union Act, 2006
- Constitution of the Republic of South Africa, 1996
- Immigration Act, 2002
- Marriage Act, 1961
- Mental Health Care Act, 2002
- National Strategic Intelligence Act, 1994
- Prevention and Combating of Torture of Persons Act, 2013
- Prevention of Organised Crime Act, 1998
- Promotion of Administrative Justice Act, 2000
- Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004
- Recognition of Customary Marriages Act, 1998
Documents citing this one 130
Gazette 75
- Eastern Cape Provincial Gazette dated 2020-03-23 number 4403
- Gauteng Provincial Gazette dated 2011-07-18 number 154
- Gauteng Provincial Gazette dated 2012-05-09 number 127
- Limpopo Provincial Gazette dated 2019-04-12 number 2990
- Mpumalanga Provincial Gazette dated 2021-08-13 number 3287
- North-West Provincial Gazette dated 2022-08-16 number 8404
- South Africa Government Gazette Regulation Gazette dated 2000-04-03 number 21061
- South Africa Government Gazette Regulation Gazette dated 2000-04-06 number 21075
- South Africa Government Gazette Regulation Gazette dated 2002-11-25 number 24100
- South Africa Government Gazette Regulation Gazette dated 2005-06-27 number 27725
- South Africa Government Gazette Regulation Gazette dated 2005-12-15 number 28280 part 1
- South Africa Government Gazette Regulation Gazette dated 2008-08-22 number 31356
- South Africa Government Gazette Regulation Gazette dated 2012-03-30 number 35205
- South Africa Government Gazette Regulation Gazette dated 2014-02-26 number 37373
- South Africa Government Gazette Regulation Gazette dated 2014-05-22 number 37679
- South Africa Government Gazette Regulation Gazette dated 2014-11-07 number 38186
- South Africa Government Gazette Regulation Gazette dated 2017-07-26 number 41005
- South Africa Government Gazette Regulation Gazette dated 2018-11-29 number 42071
- South Africa Government Gazette Regulation Gazette dated 2019-03-29 number 42338
- South Africa Government Gazette Regulation Gazette dated 2019-10-08 number 42749
- South Africa Government Gazette Regulation Gazette dated 2019-12-27 number 42932
- South Africa Government Gazette Regulation Gazette dated 2020-02-14 number 43023
- South Africa Government Gazette Regulation Gazette dated 2020-04-06 number 43208
- South Africa Government Gazette Regulation Gazette dated 2020-05-12 number 43306
- South Africa Government Gazette Regulation Gazette dated 2020-07-24 number 43551
- South Africa Government Gazette Regulation Gazette dated 2022-04-22 number 46271
- South Africa Government Gazette Regulation Gazette dated 2022-05-31 number 46459
- South Africa Government Gazette Regulation Gazette dated 2022-12-02 number 47634
- South Africa Government Gazette dated 2000-09-15 number 21573
- South Africa Government Gazette dated 2001-06-29 number 22439
- South Africa Government Gazette dated 2002-05-31 number 23478
- South Africa Government Gazette dated 2003-02-21 number 24952
- South Africa Government Gazette dated 2003-03-05 number 24673
- South Africa Government Gazette dated 2003-03-05 number 24675
- South Africa Government Gazette dated 2003-04-22 number 24776
- South Africa Government Gazette dated 2003-06-10 number 25069
- South Africa Government Gazette dated 2003-09-26 number 25470
- South Africa Government Gazette dated 2004-05-28 number 26390
- South Africa Government Gazette dated 2005-01-31 number 27228
- South Africa Government Gazette dated 2005-04-29 number 27534
- South Africa Government Gazette dated 2007-08-15 number 30176
- South Africa Government Gazette dated 2008-11-26 number 31643
- South Africa Government Gazette dated 2011-01-21 number 33946
- South Africa Government Gazette dated 2011-07-22 number 34483
- South Africa Government Gazette dated 2011-08-26 number 34560
- South Africa Government Gazette dated 2011-08-26 number 34561
- South Africa Government Gazette dated 2013-03-18 number 36265
- South Africa Government Gazette dated 2013-12-18 number 37185
- South Africa Government Gazette dated 2014-02-14 number 37335
- South Africa Government Gazette dated 2015-06-19 number 38893
- South Africa Government Gazette dated 2015-08-05 number 39056
- South Africa Government Gazette dated 2015-08-06 number 39058
- South Africa Government Gazette dated 2015-08-06 number 39067
- South Africa Government Gazette dated 2015-09-25 number 39234
- South Africa Government Gazette dated 2015-10-12 number 39284
- South Africa Government Gazette dated 2015-12-11 number 39506
- South Africa Government Gazette dated 2016-06-24 number 40088 part 1
- South Africa Government Gazette dated 2016-09-16 number 40287
- South Africa Government Gazette dated 2017-07-28 number 41009 part 1
- South Africa Government Gazette dated 2017-12-18 number 41343
- South Africa Government Gazette dated 2018-01-18 number 41388 part 1
- South Africa Government Gazette dated 2018-06-21 number 41725
- South Africa Government Gazette dated 2018-06-29 number 41738
- South Africa Government Gazette dated 2018-10-12 number 41970 part 1
- South Africa Government Gazette dated 2018-10-29 number 42005
- South Africa Government Gazette dated 2020-03-04 number 43067
- South Africa Government Gazette dated 2020-05-14 number 43325
- South Africa Government Gazette dated 2020-06-10 number 43420
- South Africa Government Gazette dated 2020-11-20 number 43913
- South Africa Government Gazette dated 2020-12-31 number 44048 part 1
- South Africa Government Gazette dated 2021-02-10 number 44139
- South Africa Government Gazette dated 2022-02-28 number 45962
- South Africa Government Gazette dated 2022-09-16 number 46917 part 1
- South Africa Government Gazette dated 2022-11-22 number 47555
- South Africa Government Gazette dated 2022-11-22 number 47558
Judgment 44
- A I and Others v Director of Asylum Seeker Management: Department of Home Affairs and Others (22059 of 2018) [2019] ZAWCHC 114 (2 September 2019)
- A K and Others v Minister of Home Affairs and Another (2693/2022) [2023] ZAWCHC 24 (10 March 2023)
- A M and others v Minister of Transport and Another (011795/2022) [2024] ZAGPPHC 309 (26 March 2024)
- Ahmed and Others v Minister of Home Affairs and Another (3096 of 2016) [2016] ZAWCHC 123 (21 September 2016)
- Ahmed and Others v Minister of Home Affairs and Another (People Against Suffering Oppression and Poverty, Lawyers for Human Rights and De Saude Attorneys Inc as Amici Curiae) [2018] ZACC 39 (9 October 2018)
- Arena Holdings (Pty) Ltd t/a Financial Mail and Others v SARS and Others (88359/19) [2021] ZAGPPHC 3 (16 November 2021)
- Ashago v Minister of Home Affairs and Others (2024-002723) [2024] ZAGPPHC 109 (12 February 2024)
- B A v Minister of Home Affairs and Others [2023] ZACC 16 (12 June 2023)
- Birhu and Another v Minister of Home Affairs and Another (46972/21; 46973/21) [2021] ZAGPJHC 56 (22 October 2021)
- C N and Others v Standing Committee for Refugee Affairs and Others (75188/2019) [2022] ZAGPPHC 1185 (14 February 2022)
- D A v Minister of Home Affairs and Another [2021] ZACC 50 (30 December 2021)
- D K M and Others v Minister of Home Affairs and Another (037352/2023) [2023] ZAGPPHC 592 (11 May 2023)
- D R and Another v Minister of Home Affairs and Others (31862/2022) [2023] ZAGPPHC 1393 (1 December 2023)
- F M v Road Accident Fund (2022/1093) [2024] ZAGPJHC 1572 (7 March 2024)
- Gavrić v Refugee Status Determination Officer, Cape Town and Others [2018] ZACC 38 (28 September 2018)
- I T v Refugee Appeal Board and Others (13182/06) [2007] ZAGPPHC 1 (11 September 2007)
- Lembore and Others v Minister of Home Affairs and Others (2023-097076; 2023-097111; 2023-097292; 2023-097427; 2023-100081; 2023-100526) [2024] ZAGPJHC 123 (8 February 2024)
- M H and Another v Minister of Home Affairs and Another (27878/2021) [2021] ZAGPJHC 619 (6 July 2021)
- Mahinga v Minister of Home Affairs and Another (1027/2020) [2021] ZASCA 179 (17 December 2021)
- Mahinga v Minister of Home Affairs and Another (49604/16) [2017] ZAGPPHC 136 (8 September 2017)
- Mail and Guardian Media Ltd and Others v Chipu NO and Others [2013] ZACC 32 (27 September 2013)
- Megabo v National Director of Public Prosecutions and Another (2988/2021) [2024] ZAECGHC 22 (13 February 2024)
- Minister of Home Affairs and Another v Ahmed and Others (1383 of 2016) [2017] ZASCA 123 (26 September 2017)
- Minister of Home Affairs and Another v Ali and Others (1289 of 2017) [2018] ZASCA 169 (30 November 2018)
- Minister of Home Affairs and Others v Jose and Another (169/2020) [2020] ZASCA 152 (25 November 2020)
- Minister of Home Affairs and Others v Saidi and Others (294 of 2016) [2017] ZASCA 40 (30 March 2017)
- Minister of Home Affairs and Others v Watchenuka and Others (10/2003) [2003] ZASCA 142 (28 November 2003)
- Minister of Home Affairs v Ruta (30 of 2017) [2017] ZASCA 186 (13 December 2017)
- Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae) [2018] ZACC 19 (29 June 2018)
- Mzalisi N.O. and Others v Ochogwu and Another (630/2018) [2019] ZASCA 138 (1 October 2019)
- O N v Minister of Home Affairs and Others; O A and Another v Director General: Department of Home Affairs and Another; Onwuakpa v Director General: Department of Home Affairs and Another (2021/0013; 2021/0014; 2021/01004) [2023] ZAGPJHC 217 (18 February 2023)
- R F and Others v Minister of Home Affairs N.O. and Others (B25/2023) [2023] ZAGPPHC 126 (28 February 2023)
- Refugee Appeal Board of South Africa and Others v Mukungubila (185 of 2018) [2018] ZASCA 191 (19 December 2018)
- Ruta v Minister of Home Affairs [2018] ZACC 52 (20 December 2018)
- S v Eze (14/546/2013) [2017] ZAGPRD 1 (27 November 2017)
- S v Gavric (A137/2012) [2012] ZAWCHC 400 (23 May 2012)
- Saidi and Others v Minister of Home Affairs and Others (17770 of 2015) [2015] ZAWCHC 201 (26 November 2015)
- Saidi and Others v Minister of Home Affairs and Others [2018] ZACC 9 (24 April 2018)
- Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT 51/23) [2023] ZACC 45 (12 December 2023)
- Scalabrini Centre, Cape Town and Others v Minister of Home Affairs and Others (1107 of 2016) [2017] ZASCA 126 (29 September 2017)
- Scalabrini Centre, Cape Town and Others v Minister of Home Affairs and Others (11681 of 2012) [2013] ZAWCHC 49 (19 March 2013)
- Somali Association of South Africa and Others v Refugee Appeal Board and Others (585/2020) [2021] ZASCA 124 (23 September 2021)
- Union of Refugee Women and Others v Director, Private Security Industry Regulatory Authority and Others [2006] ZACC 23 (12 December 2006)
- Xiuguo and Another v The Director-General of the Department of Home Affairs and Another (60392/16) [2018] ZAGPPHC 277 (5 July 2018)
Legislation 11
- Children's Act, 2005
- Directions Regarding Measures to Address, Prevent and Combat the Spread of COVID-19 in Relation to Recycling of Waste
- Directions to Assist Micro and Small Businesses Trading in Permitted Services, to Comply with the Regulations
- Immigration Act, 2002
- Immigration Regulations, 2014
- Legal Aid of South Africa Regulations, 2017
- Refugee Appeals Authority of South Africa Rules, 2013
- Refugees Regulations, 2018
- Regulations Relating to COVID-19 Social Relief of Distress
- Small business development: Directions to provide guidance on implementation of the provision of essential goods and services
- Temporary measures in respect of entry into or exit out of the Republic in order to prevent and combat the spread of the COVID-19