Professional Documents
Culture Documents
INFORMATION BOOKLET
Information for Refugees and Asylum Seekers in Cape Town
HIV/AIDS INFORMATION 13
EMPLOYMENT INFORMATION 15
HOUSING INFORMATION 16
1
REFUGEE RIGHTS IN SOUTH AFRICA
Refugees in South Africa have the following rights:
The right to a formal recognition of refugee status in the prescribed form (Form
BI-1693 i.e. Section 24 Permit).
Full legal protection, which includes the rights set out in Chapter 2 (Bill of
Rights*) of the South African Constitution and the right to remain in South
Africa, subject to the provisions of the Refugees Act.
The right to acquire property, and enter into leases and other contracts.
The right to take up employment or be self-employed in the profession of their
choice.
The right to primary education. Refugee children may study at South African
public schools and refugee parents may qualify for school fees exemptions for
their children.
The right to access secondary and tertiary education.
The right to have access to primary and emergency health care and referrals
for further medical treatment.
The right to a refugee identity document, as referred to in section 30 of the
Refugees Act.
The right to a travel document, as referred to in section 31 of the Refugees Act.
The right to apply for permanent residence, after five years of continuous
residence in South Africa from the date on which he or she was granted
asylum, if the Standing Committee certifies that he or she will remain a refugee
indefinitely.
In return, refugees must respect the rights of others and follow the laws and
regulations of South Africa.
4
WHAT HAPPENS IF YOU HAVE BEEN GRANTED REFUGEE
STATUS?
If your asylum claim is accepted you will receive or can apply for the following:
I. Status Document
You will receive a formal written recognition of refugee status (Form
BI-1693) from the Department of Home Affairs, also known as a section
24 document.
5
WHAT HAPPENS IF YOUR APPLICATION FOR ASYLUM HAS
BEEN REJECTED?
You will be given a written decision stating the reasons why your
application has been rejected.
You have the right to appeal the decision within 30 days of the date you
received the rejection letter. Seek advice from a legal counsellor about
your appeal.
You must initiate your appeal in person at the Refugee Reception Office.
You may have legal representation, at your own costs, at your appeal.
The Appeal will be in front of the Refugee Appeal Board, which is an
independent tribunal that offers rejected asylum seekers a second
chance to prove their refugee claim. The appeal is an oral hearing where
you will be given the opportunity to present your case and reasons for
applying for asylum.
Normally, within 90 days of your appeal, you will receive the decision of
the appeal. If you have not received the decision within 90 days, contact
your legal counsellor to follow up.
If your appeal has been accepted, then you will be issued with a formal
recognition of your refugee status (Form B1-1693) by the Department of
Home Affairs.
If your appeal has been rejected, you do not have any right to further
appeal and you will be given the opportunity to leave South Africa on
your own before your section 22 asylum seeker permit expires. If your
section 22 permit expires and you are found in South Africa, you may be
arrested and deported to your home country.
Your appeal rejection may be reviewed by the High Court if the decision
of the Appeal Board was reached improperly. This is not a review on the
merits of your refugee claim; rather it is a review on “how” the Appeal
Board made its decision. If the Court finds that the Appeal Board
reached its decision incorrectly, the Court may send the matter back to
the Appeal Board for a new appeal hearing. Please contact a legal
counsellor if you wish to discuss whether your appeal rejection is
reviewable.
6
DO YOU NEED EDUCATION &
SKILLS TRAINING?
There are many organizations in Cape Town that assist
refugees and asylum seekers with language training and
other skills training to help them better integrate into South
African society and provide them with the skills necessary
to find work and support themselves and their families in
South Africa.
7
DO YOU NEED WELFARE AND
ACCOMODATION HELP?
The South African government does not provide material
assistance to refugees and asylum seekers who are unable
to support themselves. However, there are a number of
organizations in Cape Town that provide limited emergency
services, such as food and accommodation, for newcomers
and vulnerable groups, such as women and children.
Please NOTE:
Legal Counsellors can only assist you with legal advice. They cannot provide
you with social services such as food or accommodation; however they can
refer you to the most appropriate refugee service organization to assist you.
You can also get legal assistance from a private attorney. An attorney can
assist with your asylum application, an appeal, a review by the High Court, or a
court application. Usually, private attorneys charge fees, but you may negotiate
these fees with them. It is important to ask and agree about the fees before
you accept their services.
Contact the Law Society of South Africa (Telephone 021 424 8060) to get
referrals for private attorneys that specialize in refugee law in Cape Town.
It is important to note that currently, some of South Africa’s big banks are reviewing
their policies in order to determine how they can better assist recognized refugees,
who have not yet received their Identity books (through no fault of their own; rather
due to their service delivery problems at Home Affairs) to open up bank accounts.
In Cape Town, if you are experiencing problems opening up a bank account, you
should contact a legal counsellor who might be able to assist you.
Refugees and asylum seekers may also approach savings and credit co-operations
who are often willing to open up bank accounts for refugees.
Recently, the First National Bank (FNB) head office instituted a pilot project to allow
asylum seekers to open savings accounts with a valid section 22 temporary asylum
seeker permit. This project has been extended to all FNB branches including those in
Cape Town. It is therefore possible for asylum seekers to open bank accounts at
FNB.
If you are having trouble opening a bank account, please contact the UCT Law Clinic
in order to obtain a letter of introduction.
The South African government offers most primary health services for free. As well,
free primary health care services are available to pregnant and lactating women.
These services are available at public clinics and community health care centres.
Refugees and Asylum Seekers should also receive these services free of charge.
If you have a medical problem or a primary health care need, you should visit the
Community Health Centre (CHC) clinic that is nearest to where you live. In order to
see a doctor, you must make an appointment at the clinic. All consultations, except for
emergencies are made by appointment. If you cannot wait for your appointment, you
should go to the CHC and once all the patients with appointments have been seen on
that day, you will be assisted. In order to access a government hospital, except in an
emergency, you need to have a referral from a CHC clinic.
The Cape Town Refugee Centre provides refugees and asylum seekers with assistance in
obtaining the proper counselling, HIV testing, treatment and any other medical needs they
may have.
Physical Address: F12 1st Floor Wynberg centre, 123 Main Road, Wynberg
Telephone: (021) 762 9670
South Africa’s primary education is from the age of 7 to 15 (grade 1 to 9). Primary school
education is obligatory in South Africa. This means that the government is obliged to provide
adequate primary school for all children, including children of refugees and asylum seekers.
The academic school year in South Africa begins in January. You must register your child for
school before the end of the previous year. To do this, you should go to the school where you
want your child to study (or the school nearest to where you live), obtain the registration
forms, fill them in and bring them back to the school. If you cannot afford the school fees, or
cannot pay the full amount, you must apply at the school for an exemption.
Refugees and Asylum Seekers are entitled to apply for an exemption of school fees for their
children. However, it is your responsibility as the parent(s) to apply for this fee exemption.
Unless and until you have been granted exemption, you can be forced to pay the school fees.
Who can apply for School Fees Exemption?
If your combined annual income amounts to less than 10 times the annual school fee,
you can apply for full exemption.
If your combined annual income is between 10 and 30 times the annual school fees,
you can apply for a partial exemption.
If your combined annual income is more than 30 times the school's annual fee, you do
not qualify for any exemption and you must pay the full fee.
If you need assistance in filling out the School Fees Exemption Form, please see a refugee
legal counsellor at:
The CTRC provides assistance to refugees and asylum seekers in enrolling their children at
schools in Cape Town. They also facilitate a process of integration of children into local
schools. In addition, to a limited degree, the CTRC may sometimes assist refugees and
asylum seekers with the payment of school fees.
Physical Address: F12 1st Floor Wynberg centre, 123 Main Road, Wynberg
Telephone: (021) 762 9670 No Appointment necessary on Mon, Tues and Thurs (09h00 –
12h00); Wed and Fri appointments necessary.
14
EMPLOYMENT INFORMATION
For REFUGEES and ASYLUM SEEKERS
Recognized refugees and asylum seekers in South Africa have the right to
seek employment under the Refugees Act and the international conventions
that South Africa has signed, as well as the Bill of Rights (Chapter 2) of the
Constitution of South Africa. This includes the right to self employment, and to
enter into contracts and leases. The right to seek employment supports the integration of refugees and
asylum seekers into local society.
For refugees, the document granting refugee status is proof of right to work. For asylum seekers, the
asylum seeker permit is proof of right to work. Refugees and asylum seekers do not need an
employment contract from the employer to work.
Wage Disputes
If you have disputes over unpaid wages, contact the South African Department of Labour. To find the
location of the Department of Labour you must visit, call (021) 460 5901 and ask for “Inquiries.” Be
sure you can provide the physical address of the employer and your job description.
If you work in certain trades in Cape Town:
Labour Centre - Cape Town
Operating Hours: 08:00 to 14:30, Monday to Friday
Telephone Number(s): (021) 460 5911 / 5169 / 5170
Fax Number(s): (021) 462 0981
Physical Address: Thomas Boydell Building
22 Parade Street, Room 2
Cape Town
Email Address: ntombekhaya.qamata@labour.gov.za
Unemployment Insurance Fund
The Unemployment Insurance Fund (UIF) was established to provide short term relief to workers,
subject to certain conditions, when they become unemployed, or are unable to work because of illness,
maternity or adoption leave, and also to provide relief to the dependants of deceased contributors.
Additional information is available from the nearest Labour Centre or from the UIF Call Center: (012)
337 1680.
Compensation Fund
The Compensation Fund was established to compensate employees for disablement caused by
occupational injuries/diseases sustained/contracted in the course of their employment, or their
dependants for death resulting from such injuries/diseases, and to pay the reasonable medical
expenses incurred. Contact your nearest Provincial Labour Office, Labour Centre or the Office of the
Compensation Commissioner. In Cape Town, call (021) 441 8000. For the Office of the Compensation
Commissioner, call (012) 319 9111.
Unfair Dismissals
If you believe you were unfairly dismissed, contact the
Commission for Conciliation, Mediation & Arbitration (CCMA).
CCMA
Operating Hours: 08:00 to 16:00, Monday to Friday
Telephone Number(s): (021) 469 0111
Fax Number(s): (021) 465 7193 / 7197 / 7187
Physical Address: 78 Darling Street, 5th floor
Cape Town
Email Address: ctn@ccma.org.za
15
HOUSING INFORMATION
For REFUGEES and ASYLUM SEEKERS
Recognized refugees and asylum seekers in South Africa have the right to have access
to adequate housing, and right to equitable treatment in accessing housing, under the
Bill of Rights (Chapter 2) of the Constitution of South Africa.
The tenant has rights against the landlord, including the tenant’s right to:
Not have his or her person or home searched;
Not have his or her property searched;
Not have his or her possessions seized without an order of the court; and
Privacy of communications.
No one may be evicted from their home, or have their home demolished, without an order of court made after
considering all the relevant circumstances. If your landlord takes your possessions without a court order, it is theft
and you should contact the South African Police and lodge a complaint with the Rental Housing Tribunal.
Legal Assistance
The UCT Law Clinic does not provide legal assistance to tenants in tenant-landlord disputes. For assistance in
these matters, please contact one of the organizations listed below.
Legal Aid Board Offices (Justice Centres) Cape Town Branch
Operating Hours: 08:00 to 13:00; 14:00 to 16:30, Monday to Friday
Telephone Number(s): (021) 426 4126
Fax Number(s): (021) 426 5766
Physical Address: 85 St. George’s Mall, Nedbank Building, 5th floor Cape Town
Web Address: http://www.legal-aid.co.za/index.php
Additional branches in Athlone (2nd Floor, Melofin Centre, Old Klipfontein Road; Tel: 021 697 5252), Stellenbosch
(1st Floor, Eikestad Mall; Tel: 021 882 9221), and Worcester (60 Russel Street; Tel: 023 348 4040). Please seek
assistance in person at the office closest to your place of residence.
University of Western Cape (UWC) Legal Aid Clinic
Operating Hours: 08:30 to 13:00, 14:00 to 16:30, Monday to Friday (by appointment only)
Telephone Number(s): (021) 959 2756
Fax Number(s): (021) 959 2747
Physical Address: Old Library Building, University of the Western Cape Campus
Modderdam Road, Bellville
* The UWC Legal Aid Clinic provides legal assistance only to tenants who are being evicted. The UWC Clinic does not provide assistance to
tenants in matters concerning rent payments or living conditions.
16
WHAT IS VOLUNTARY REPATRIATION?
Voluntary Repatriation is the free and voluntary return of refugees to their country of
origin in safety and dignity. If conditions in the individual’s home country are
considered to be safe and conducive to return, this solution is regarded by the
UNHCR as the best solution for refugees because it allows refugees to resume a
normal life in their home country.
In South Africa, refugees who wish to be considered for voluntary repatriation must
complete a Voluntary Repatriation Application Form. In this form, you must provide
detailed information about the place you wish to return to. The UNHCR has to be
satisfied that you do not have fear of further persecution if you would return to that
location and that the location is safe for your return. You must also include a name
and contact information for a family member that can assist you once you return to
your home country. Furthermore, in order to qualify for Voluntary Repatriation, you
must be of concern to UNHCR, meaning that you need to have had a genuine
refugee-related reason for leaving your home country.
In the Cape Town area, to see a legal counsellor in order to get assistance in applying
for Voluntary Repatriation, please contact the:
UCT LAW CLINIC, Refugee Rights Project
Address: Fourth Level, Kramer Law School Building, 1 Stanley Road,
Middle Campus, Rondebosch
Telephone: (021) 650 3775
Hours: Mon - Thurs 08h30-13h00 No appointment needed.
The UNHCR makes a final decision on your application for Voluntary Repatriation and
if you are accepted, it will organize one-way travel arrangements for your return to
your home country. Returnees are normally given a Voluntary Repatriation grant of
$100.00 per adult and $50.00 per child (age 0-15) at the airport on their departure
date. At this time, they must sign a declaration that they have received this grant
money and they will be informed that there will be no further financial assistance from
UNHCR upon arrival in their home country.
17
WHAT IS FAMILY REUNIFICATION?
The difficult circumstances in which refugees leave their home countries often involve
the separation of families. Such separation creates serious obstacles to a refugee’s
successful integration into South African society. As a result, it is a priority of the
South African government and the UNHCR to help ensure that separated refugee
families are reunited.
In the Cape Town area, to see a legal counsellor in order to get assistance in applying
for Family Reunification please contact the:
UCT LAW CLINIC, Refugee Rights Project
Address: Fourth Level, Kramer Law School Building, 1 Stanley Road,
Middle Campus, Rondebosch
Telephone: (021) 650 3775
Hours: Mon - Thurs 08h30-13h00 No appointment needed.
18
If you believe that your rights have been violated or that your asylum claim has been
unfairly treated, you can use this toll free number for the Department of Home Affairs
to make a complaint. The Department will conduct an internal investigation, which will
result in a written explanation.
You may also make a complaint against any member of a government department
(i.e. Department of Home Affairs) through the:
If your rights have been violated by the POLICE, you should contact the:
If you feel that you have been discriminated against as a refugee and you wish to lay a
complaint, you should contact the:
If you think that your complaint includes a criminal offence, you can lay a charge with
the South African Police Services, who will conduct a criminal investigation.