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National Gazette No. 43913, 20 November 2020, Vol 665, Page 30

20201120 - National Gazette No 43913 of 20-November-2020, Volume 665, page 30

Page	30 of 112
Gazette	National Gazettes, No 43913, from 20 November, 2020
Department	Home Affairs
Notice	Page No. 6 of 19, Notice No. 1234, Refugee Act (130/1998) » Publication of Amended Refugee Appeals Authority Rules

6
            30    No. 43913             GOVERNMENT GAZETTE, 20 NOVEMBER 2020

date  of  the  scheduled  hearing  before  the  appointed  member  or  members
                                       concerned”

5.  If  the  appellant  or  his/her  representative  is  unable  to  appear  on  the  date
                                       scheduled for the appeal hearing, the written application for postponement must
                                       be submitted to the registrar 5 days prior to the hearing date, if possible.”

“6. Failure to comply with any provision of the Rules relating to postponement
                                       may  result  in  the  member  or  members  concerned  determining  the  appeal  on
                                       paper.”

Amendment of Rule 12 of the principal Rules

Non-appearance of Appellant

12.  Rule 12 of the principal Rules is hereby amended—

(a)  by the substitution for sub-rule 1 of the following sub-rule:
                                       “1. Where an Appellant is duly served with a Notice of Hearing in terms of Rule
                                       10 but fails to attend the hearing and has neither notified the [Appeal Board]
                                       Refugee Appeals Authority of South Africa nor given any satisfactory explanation
                                       for such failure, the [Appeal Board] Refugee Appeals Authority of South Africa
                                       [will] may [determine] consider the appeal on paper subject to Rule 12(2).”

(b)  by the insertion of the following sub-rules to Rule 12

“2.  Where  an  appellant  fails  to  attend  a  hearing  as  set  out  in  Rule  12(1),  the
                                       appellant  may  within  30  days  of  the  scheduled  hearing  provide  and  serve  in
                                       terms of Rule 5 the Refugee Appeals Authority of South Africa with reasons for
                                       no-appearance in writing.”

“3. In exercising its discretion whether or not to grant a hearing of the appeal, the
                                       Refugee  Appeals  Authority  of  South  Africa  shall  give  due  consideration  to  the
                                       reasons for failure to appear as scheduled.”

“4. Where a member decides to make a determination on paper, the appellant
                                       must  be  provided  with  a  notification  of  his/her  decision  and  be  given  an
                                       opportunity to provide an additional affidavit within 10 days”

“5.  The  affidavit  referred  above  may  contain  additional  information  for  the
                                       member to consider before finalizing the matter.”

Amendment of Rule 13 of the principal Rules

Conduct of Proceedings at Hearings

13.  Rule 13 of the principal Rules is hereby amended—

(a)  by the substitution for sub-rule 1 of the following sub-rules:
                                       “1. The [Appeal Board] Refugee Appeals Authority of South Africa shall conduct
                                       its  proceedings  in  a  manner  appropriate  for  the  purposes  of  determining  the
                                       appeal before it and in line with the practice notes developed for this purpose.”

“2. An appeal determination will take the form of a hearing in person, as part of
                                       the inquisitorial process.

“3.  The  [Appeal  Board]  Refugee  Appeals  Authority  of  South  Africa  will  [may]
                                       require  any  party  or  any  witness  to  give  evidence  [on]  under  oath  or  [under]
                                       affirmation.”

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