NATIONAL COUNCIL OF PROVINCES
FOR WRITTEN REPLY
QUESTION 682 / CW851E
DATE OF PUBLICATION: Friday, 02 December 2011
INTERNAL QUESTION PAPER NO 40 of 2010
Mr H B Groenewald (DA-NW) to ask the Minister of Home Affairs:
1) Whether, with reference to section 22 of the Refugees Act, Act 130 of
1998 (as amended), and specifically the conditions pertaining to the
right to work and / or study that is contained in an asylum seekerâs
permit, âworkâ comprises only employment by an employer; if not, what
is the position in this regard; if so,
(2) whether the right to âworkâ includes the right to (a) practice as a
trader or hawker or
(b) operate a business; if not, what is the position in this regard;
if so, what are the relevant details?
CW851E
REPLY:
1) With reference to Section 22 of the Refugees Act, Act 130 of 1998 (as
amended), and, specifically, the conditions pertaining to the right to
work, and, or study, as contained in an Asylum Seekerâs permit, the
department notes that âworkâ does, only, comprise employment by an
employer .This is in line with the provisions of the Refugee Act 130
of 1998 (as amended), the UN Convention, as well as, the OAU
Convention recognising, and according any right to trade, or operate a
business, in respect of an Asylum Seeker in a country where he, or she
is seeking refuge.
2) The right to âworkâ does not include the right to (a) practice, as a
trader, or hawker, or
(b) operate a business. The position of the Department is that Asylum
Seekers who intend trading, or operating a business should apply for
the relevant permits under the Immigration Act, such as Business
Permits, and comply with Trade and Industry Regulations. In addition,
the Department believes that Asylum Seekers cannot have the same right
as recognized refugees. In that, the department is considering
rescinding the blanket right to work accorded to Asylum Seekers in the
conditions of Section 22 Permit issued, in terms of the Refugee Act,
130 of 1998, as these conditions undermine the provisions of the
Immigration Act, and can be cited as one of the Asylum Seekers pull
factors to South Africa.