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National Gazette No. 43913, 20 November 2020, Vol 665, Page 31

20201120 - National Gazette No 43913 of 20-November-2020, Volume 665, page 31

Page	31 of 112
Gazette	National Gazettes, No 43913, from 20 November, 2020
Department	Home Affairs
Notice	Page No. 7 of 19, Notice No. 1234, Refugee Act (130/1998) » Publication of Amended Refugee Appeals Authority Rules

7
                                           STAATSKOERANT, 20 NOVEMBER 2020                       No. 43913    31

“4.  The  Chairperson  may  designate  one  or  more  members  of  the  [Appeal
                                       Board]  Refugee  Appeals  Authority  of  South  Africa  to  hear  and  determine  any
                                       appeal lodged.”

Insertion of Rule 13A of the principal Rules

Determination on paper

13.  Rule 13A of the principal Rules is hereby inserted—

“1. A member may determine a matter on paper provided there is sufficient
                                       information on the file to make a determination.”

“2. Where a member decides to conduct a paper determination the Registrar will
                                       serve  a  written  notice  on  the  appellant  in  the  Form  of  RAA(05)  to  the  last
                                       confirmed contact details or on the appellant’s file. Within 30 days of receipt of
                                       such notice the appellant will have a right to submit a supplementary affidavit.”

“3. Prior to making a final determination on paper the appellant will be afforded
                                       an opportunity to submit an affidavit explaining whether he/she objects to a
                                       determination on paper and provide reasons for such objection. In the affidavit
                                       the appellant may include additional information for a member’s consideration.”

Amendment of Rule 14 of the principal Rules

[Closed] Confidential Proceedings

14.  Rule 14 of the principal Rules is hereby amended—

(a)  by the substitution for sub-rule 1 of the following sub-rule:

“1.  The  proceedings  [hearings]  of  the  [Appeal  Board]  Refugee  Appeals
                                       Authority  of  South  Africa  are  confidential  and  are  only  open  to  parties  to  the
                                       proceedings  [will  not  be  open  to  the  public.]  The  [Appeal  Board]  Refugee
                                       Appeals Authority of South Africa may on application or on its own accord allow
                                       any persons to attend a hearing.

“2.  Where  such  persons  are  permitted  to  attend  the  hearing  in  terms  of  Rule
                                       14(1) above, the [Appeal Board] Refugee Appeals Authority of South Africa may
                                       nonetheless exclude any person behaving in a manner likely to interfere with the
                                       proper conduct of the proceedings.”

(b)  by insertion of the following sub-rule;

“3. Where an application is made to attend confidential proceedings in terms of
                                       section 21(5) of the Act, such an application must be heard prior to the hearing of
                                       the  appeal.  A  decision  in  this  regard  must  be  rendered  within  10  days  of  the
                                       application.

Amendment of Rule 15 of the principal Rules

Subpoena of Witnesses

15.  Rule 15 of the principal Rules is hereby amended—

(a)  by the substitution for sub-rule 1 of the following sub-rule:
                                       “1. The [Appeal Board] Refugee Appeals Authority of South Africa may either of
                                       its  own  volition  or  on  the  request  of  any  party  to  the  appeal,  subject  to  the
                                       approval  of  the  [Appeal  Board]  Refugee  Appeals  Authority  of  South  Africa,

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