Special Publications

This brief explores the evolving role of detention in South Africa’s asylum system, highlighting how legal developments have shifted the balance towards state sovereignty and border protection at the expense of refugee protection. Changes to the legal framework, such as the introduction of ‘good cause’ interviews and stricter penalties for irregular entry, have made detention a central tool in managing asylum seekers. These developments raise concerns about the accessibility of refugee protection, as new procedural barriers risk preventing legitimate asylum claims. Ultimately, this brief argues that the increased reliance on detention unfairly criminalises asylum seekers and weakens South Africa’s adherence to international refugee law.

Approved and proposed for signature and ratification or accession by General Assembly resolution 260 A (III) of 9 December 1948 Entry into force: 12 January 1951, in accordance with article XII

Public sitting held on Thursday 11 January 2024, at 10 a.m., at the Peace Palace, President Donoghue presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

On Friday, Stephen York, Bain & Company’s managing partner in South Africa, took out a page three, full-page advert in Business Day appealing for “constructive dialogue” with South Africans. It comes in response to the UK’s recent decision to ban Bain from receiving work from the UK’s Cabinet Office for a period of three years, a move triggered by disclosure of Bain’s involvement in state capture in South Africa and specifically the dismantlement of the South African Revenue Service (SARS).