Pages

National Gazette No. 43913, 20 November 2020, Vol 665, Page 32

20201120 - National Gazette No 43913 of 20-November-2020, Volume 665, page 32

Page	32 of 112
Gazette	National Gazettes, No 43913, from 20 November, 2020
Department	Home Affairs
Notice	Page No. 8 of 19, Notice No. 1234, Refugee Act (130/1998) » Publication of Amended Refugee Appeals Authority Rules

8
            32    No. 43913             GOVERNMENT GAZETTE, 20 NOVEMBER 2020

subpoena any person to serve as a witness at a hearing of the [Appeal Board]
                                       Refugee  Appeals  Authority  of  South  Africa  at  such  time  and  place  as  may  be
                                       specified  in  the  subpoena  which  shall  be  issued  in  Form  [RAB(4)]  RAA(4)
                                       attached to the Rules.”

(b)  by the substitution for sub-rule 2 of the following sub-rule:
                                       “2. The [Appeal Board] Refugee Appeals Authority of South Africa may require
                                       a  witness  to  answer  any  questions  and/or  to  provide  and  any  relevant
                                       documentation related to an appeal.”

(c)  by the substitution for sub-rule 3 of the following sub-rule:
                                       “3. No person shall be required to travel more than 50 kilometres from his or her
                                       place of residence in obedience to a subpoena unless the party at the request of
                                       which the subpoena is issued, pays the reasonable expenses of such attendance
                                       as  determined  by  the  [Appeal  Board]  Refugee  Appeals  Authority  of  South
                                       Africa.”

(d)  by the substitution for sub-rule 4 of the following sub-rule:
                                       “4. Service of any such subpoena issued shall be effected by a member of the
                                       South African Police Services, the Sheriff of the Court or in a manner determined
                                       by the [Appeal Board] Refugee Appeals Authority of South Africa.”

Amendment of Rule 16 of the principal Rules

Consolidated Proceedings [Hearings]

16.  Rule 16 of the principal Rules is hereby amended—

(a)  by the substitution for the rule of the following rule:
                                       “1. The [Appeal Board] Refugee Appeals Authority of South Africa may, [after
                                       consultation with the parties, decide] make a ruling in terms of the practice
                                       note that two or more appeals be determined [heard] together where it appears
                                       to the [Appeal Board] Refugee Appeals Authority of South Africa that-

(3) for some reason it is practical and [appropriate] efficient to proceed with two
                                       or more appeals under this rule.

Amendment of Rule 17 of the principal Rules

Record of Decisions and Reasons

17.  Rule 17 of the principal Rules is hereby amended—

(a)  by the substitution for the rule of the following rule:
                                       “1. The [Appeal Board] Refugee Appeals Authority of South Africa shall record
                                       the decision of any appeal. The Registrar is to update the system in order for the
                                       decision to be served by the Department of Home Affairs.”

Amendment of Rule 18 of the principal Rules

Cancellation of Appeal

18.  Rule 18 of the principal rules is hereby amended

(a)  by the substitution for the rule of the following rule:
                                       “1. An appeal is deemed cancelled if the Appellant [gives notice of withdrawal
                                       or cancellation of his] gives notice in the form of an affidavit to the Refugee
                                       Appeals Authority of South Africa or to a designated Refugee Appeals Authority

< page 31	View full Gazette No. 43913	page 33 >

Type your email for free alerts on latest Department of Home Affairs notices as they are published

greengazette

Pages

Links

Publications