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RASA POLICIES

The Restaurant Association of South Africa has, along with key specialists in the industry, developed a number of policies with clear and measurable guidelines to assist the industry in self-regulation and standardisation. Restaurants that comply with the guidelines for the various policies may display the relevant accreditation on their premises.

Properties that adhere to the RASA policies are allowed to display a specially adapted version of South African Tourism’s Welcome logo and will be listed as an accredited restaurant on www.southafrica.net, the official website of South African Tourism,Listings on this website will also carry the various RASA policy endorsements and will be plotted on the SA Tourism GPS database which is supplied to various role players in the digital mapping and navigation arena.
Creating awareness and educating the public on the minimum standards that should be expected from the restaurant industry is a key element to the RASA policies programme.

Home Affairs Raids on Restaurants

Department of Home Affairs
Directorate : Refugee Affairs
Document on Asylum Seekers & Refugees Enabling Documents

Background
International Conventions

It is of crucial importance to first consider the legal framework that deal with the protection of asylum seekers as well as the international obligations of the government of RSA in relation to treatment of asylum seekers and refugees.
In the aftermath of the global wars that took place between 1914 and 1945, the world suffered from the deeply traumatizing and destructive period with human rights violations occurring on an unprecedented scale.
Disregard for human lives, displacements and persecution and persecution of people occurred. This inspired the international community to develop international measures by which displaced people had to be assisted in order to ensure that their fundamental rights and freedoms are protected and upheld.
This eventually culminated in the adoption of a Convention relating to Status of Refugees in 1951 as well as its subsequent 1967 Protocol.
Article 33 of the 1951 Convention embraces the principle of Non-refoulement. Non-refoulement, which is the cardinal protection principle of the Convention, places obligation upon States not to expel or return refugees in any such manner whatsoever to the frontiers or territories where their lives or freedom would be treated on account of race, religion, nationality etc.
Furthermore Article 31 of the 1951 Convention enjoins contracting states not to impose penalties on refugees on account of their illegal entry or presence who, coming directly from a territory where their lives or freedom was threatened, enter the territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegality.
This particular circumstances of refugee situations in some regions led States to adopt further refugee instruments. For example the member states of the Organizations of African Unity, as it then was, concluded the Convention governing the Specific Aspects of Refugee Problems in Africa in 1969. This instrument takes into consideration the protection principles enunciated in the 1951 Convention.
Accession to the 1951 Convention by the Government of the RSA took place on or about 12 January 1996. By acceding to the Convention South Africa demonstrated among other things, its commitment to treating refugees in accordance with internationally recognized legal and humanitarian standards and to share with other countries the responsibility of protecting refugees. This commitment to offer protection to displaced refugees was later incorporated into domestic or municipal law by way of the Refugee Act, 1998.

THE REFUGEES ACT 130 OF1998
  
It is important to note that international instruments influence our own legislative response in the form of Refugees Act of 1998, coupled by its Regulations, which became applicable only in the year 2000, explained above.
The Refugees Act of 1998 specifically makes reference in section 6, that in interpreting and applying the provisions of the Refugees Act, due regard must be given to the 1951 UN Convention, 1967 UN Protocol, 1969 OAU convention and the Universal Declaration of Human Rights.
The commitment of the Republic to these international agreements is well documented but is not without challenges.
The Refugees Act, which came into effect in 2000, provides the first specific refugee law framework for South Africa.  It is a marked shift from the previous Aliens Control Act, which, as noted above, was essentially silent on refugee protection.  The Refugees Act sets up the “refugee reception offices” which are tasked with issuing temporary permits to asylum seekers and with conducting eligibility and refugee status determination interviews.
The 1996 South African constitution guarantees fundamental rights to all individuals, including refugees and asylum seekers.  The Bill of Rights entrenches the rights (among others) to human dignity, freedom and security of the person, and the right of everyone in South Africa to have access to housing and health care.
The Refugee Act, (no. 130 of 1998) governs the refugee regime in South Africa. The Act was implemented   on 1 April 2000. South Africa fulfils its international obligations by ensuring that refugees’ rights are respected and are provided with the legal protection to social assistance.
Section 22 provides that pending a status determination of an application for asylum, an asylum seeker must be issued an asylum seeker permit, which gives the asylum seeker the permission to work and study. An asylum seeker has an obligation not to act in contravention of any of the conditions of the asylum seeker permit. An asylum seeker permit may be withdrawn if the applicant contravenes the conditions in the permit, leaves SA without the permission of the Minister, or his application is found to be manifestly unfounded, abusive or fraudulent or application has been rejected.
The Act states that after the hearing with the Refugee Status Determination Officer the applicant may be granted with a section 24 permit also known as Refugee Status.
There are rights and obligation which a refugee is entitled to.
He or she is entitled to an identity document which will contain the identity number of the holder , surname ,  full forename , gender, date of birth and the place or country where he or she was born. The country of which the holder is a citizen if any, a recent photograph of the holder.
He is also entitle to a South African travel document which contains his or her surname , full forename , gender, date of birth , identity number. Recent photograph of the holder.
A refugee is entitled to apply for an immigration permit in terms of the Aliens Control Act , 1991 , after five year’s continuous residents in the Republic from the date on which he or she was grated asylum, if the standing committee certifies that he or she will remain a refugee indefinitely

Refugee Affairs Presentation
Assylum Seekers Temporary Permit
Section 22 Assylum Seekers Temporary Permit
Section 24 Formal Recognition of Refugee Status