Chairperson of the NCOP, hon colleagues, special delegates from various provinces, as well as our newly appointed MEC for Finance, Economic Development and Tourism, hon Strachan from the Western Cape. Comrade, congratulations once more.
The Refugees Amendment Bill seeks to amend the Refugees Act, Act 130 of 1998. The objectives of this amendment are to provide for the following: definitions; delegation of powers; matters relating to the establishment of refugee reception offices; the dissolution of the Standing Committee for Refugee Affairs and the Refugee Appeal Board; matters relating to the Refugee Appeals Authority; clarification and revision of procedures relating to refugee status determination; obligations and rights of asylumseekers; and the retraction of certain sections.
Clause 10 deals with the establishment of refugee reception offices and their composition. The new composition of refugee reception offices no longer makes provision for refugee reception officers. Clause 10 removes the requirement that the director-general must establish refugee reception offices after consultation with the Standing Committee for Refugee Affairs. The director-general may now, by notice in the Gazette, establish as many refugee reception offices in the Republic as he or she regards necessary.
In Clause 11, the insertion of sections 8A to 8J dissolves the Standing Committee for Refugee Affairs and the Refugee Appeal Board, and establishes a new body known as the Refugee Appeals Authority. The clause further inserts sections 8A to 8J into the Act which relate to the following on the Refugee Appeals Authority: its establishment; its composition; its functions and powers; its members' periods of office; its members' removal from office; the filling of vacancies; remuneration of its members; its administrative staff; and its annual reports.
Clause 15 further amends section 22(6) of the Act in order to provide that the director-general may, at any time, withdraw an asylumseeker permit in the prescribed manner. In terms of the principal Act, before the amendment, such withdrawal could only be done by the Minister.
The purpose of this amendment is to align the provisions of the Act with the provisions of the Children's Act, Act 38 of 2005, so as to protect the rights of a child who is an asylumseeker. Furthermore, the Bill seeks to provide for any person with a mental disability who is found under circumstances that clearly indicate that he or she is an asylumseeker to be dealt with in terms of the Mental Health Care Act, Act 17 of 2002.
At the NCOP committee meeting held on 17 June 2008, the committee resolved to adopt the Bill with the following amendments in clause 14: The legislation currently entails that -
Any refugee whose child is born in the Republic must, within one month of the birth of his or her child, register such a child as a dependant at the Refugee Reception Office that processed his or her application.
The proposed amendment entails that -
Any refugee whose child is born in the Republic must, within one month of the birth of his or her child, register such a child as a dependant at any refugee reception office.
If the child is born in the Northern Cape and the refugee was registered in the Eastern Cape, the child must be registered in his or her place of birth.
The Select Committee on Social Services supports the Bill. I thank you, Chairperson.
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.