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Relief for new asylum seekers
Relief for new asylum seekers

IOL News

time20-05-2025

  • Politics
  • IOL News

Relief for new asylum seekers

Following a ruling declaring several provisions of the Refugees Act Unconstitutional which denied asylum seekers access to the asylum system, causing them to face deportation back to the country from where they came, Home Affairs was urged to respect the ruling. Image: File picture NEWCOMER asylum seekers cannot be penalised for the way they entered and remained in South Africa until their claims are finalised, thanks to a Western Cape High Court judgment which declared several refugee protection provisions of the Refugees Act and its accompanying regulations invalid. The court recently delivered its outcome on the legality of processes that have denied new asylum seekers access to the asylum system since around November 2023, leading to the arrest, detention, and deportation of asylum seekers without a refugee status determination interview. The matter was brought to court by the Scalabrini Centre of Cape Town, represented by Lawyers for Human Rights (LHR). The Scalabrini Centre and LHR challenged the unlawful practice of arresting and detaining new asylum seekers based on preliminary interviews conducted by immigration officials regarding their entry into the country. They argued that this process effectively bypassed the established asylum application process, contravening the fundamental principle of non-refoulement, which prohibits the return of individuals to places where they face persecution or serious harm. This judgment, according to Nabeelah Mia, the head of LHR's Penal Reform and Detention Monitoring Programme, affirms South Africa's obligations under international refugee law. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ When newcomer asylum seekers come to South Africa seeking refuge, the primary question in assessing their claims is whether they are at risk of persecution and harm if they are returned to their country of origin, she said. 'We urge the state to respect the right of asylum seekers to access the asylum system and not send people back to situations where they will be harmed, tortured, or even killed,' she said. The court was told that someone who flees war, violence, torture, or persecution should be able to apply for and receive asylum. Preventing them from doing so violates their fundamental right not to be returned to violence and persecution. It was argued that instead, new asylum applicants are arrested, detained, and face deportation. 'South Africa is legally required not to return someone to an environment in which their life, liberty, or fundamental human rights would be at risk,' said James Chapman, head of Advocacy and Legal Advice at Scalabrini. The sections of the Act declared invalid include those which excluded people from refugee protection on procedural grounds, without considering the merits of their claims. The court (three judges) has recognised that the challenged legal provisions, which formed the basis for the arrest, detention, and denial of access to the asylum system for new applicants, are contrary to the Constitution. In terms of the Constitution, the declaration of invalidity must now be referred to the Constitutional Court for confirmation. The interim interdict granted in the first part of the application in September last year, which prevented the deportation of individuals who had indicated an intention to apply for asylum, has meanwhile been discharged. This means the temporary protection against deportation is lifted for now, pending the Constitutional Court's decision. Mia said following Friday's judgment in which several provisions of the Act were declared invalid, they hope and trust that the Department of Home Affairs will restore access to asylum. She expressed the hope that asylum seekers' applications will be processed without subjecting them to arrest, detention, and deportation without consideration of the merits of their asylum claims. Judge Judith Cloete, who wrote the judgment, said the provisions unjustifiably limited the rights to no-refoulement and other constitutional rights, particularly those of children. This was done by placing procedural barriers without substantive merit assessments. The department's argument that the provisions acted as a "safety valve" against illegal immigrants was rejected by the court. Cape Times

Judgment on asylum seekers: South Africa's legal obligations under the Constitution
Judgment on asylum seekers: South Africa's legal obligations under the Constitution

IOL News

time19-05-2025

  • Politics
  • IOL News

Judgment on asylum seekers: South Africa's legal obligations under the Constitution

Following a ruling declaring several provisions of the Refugees Act Unconstitutional which denied asylum seekers access to the asylum system, causing them to face deportation back to the country from where they came, Home Affairs was urged to respect the ruling. Image: File picture The legality of processes that have denied new asylum seekers access to the asylum system since around November 2023, leading to the arrest, detention, and deportation of asylum seekers without a refugee status determination interview, has been declared unconstitutional. The Western Cape High Court has declared several refugee protection compromising provisions of the Refugees Act and its accompanying regulations invalid. The matter was brought to court by the Scalabrini Centre of Cape Town, represented by Lawyers for Human Rights (LHR). The Scalabrini Centre and LHR challenged the unlawful practice of arresting and detaining new asylum seekers based on preliminary interviews conducted by immigration officials regarding their entry into the country. They argued that this process effectively bypassed the established asylum application process, contravening the fundamental principle of non-refoulement, which prohibits the return of individuals to places where they face persecution or serious harm. 'This judgment affirms South Africa's obligations under international refugee law. Newcomer asylum seekers cannot be penalised for the way they entered and remained in South Africa until their claims are finalised," Nabeelah Mia, the head of LHR's Penal Reform and Detention Monitoring Programme, said. She explained that when newcomer asylum seekers come to South Africa seeking refuge, the primary question in assessing their claims is whether they are at risk of persecution and harm if they are returned to their country of origin. 'We urge the state to respect the right of asylum seekers to access the asylum system and not send people back to situations where they will be harmed, tortured, or even killed,' she said. The court was told that someone who flees war, violence, torture, or persecution should be able to apply for and receive asylum. Preventing them from doing so violates their fundamental right not to be returned to violence and persecution. It was argued that instead, new asylum applicants are arrested, detained, and face deportation. 'South Africa is legally required not to return someone to an environment in which their life, liberty, or fundamental human rights would be at risk,' said James Chapman, head of Advocacy and Legal Advice at Scalabrini. The sections of the Act declared invalid include those which excluded people from refugee protection on procedural grounds, without considering the merits of their claims. The court (three judges) has recognised that the challenged legal provisions, which formed the basis for the arrest, detention, and denial of access to the asylum system for new applicants, are contrary to the Constitution. In terms of the Constitution, the declaration of invalidity must now be referred to the Constitutional Court for confirmation. The interim interdict granted in the first part of the application in September last year, which prevented the deportation of individuals who had indicated an intention to apply for asylum, has meanwhile been discharged. This means the temporary protection against deportation is lifted for now, pending the Constitutional Court's decision. Mia said following Friday's judgment in which several provisions of the Act were declared invalid, they hope and trust that the Department of Home Affairs will restore access to asylum. She expressed the hope that asylum seekers' applications will be processed without subjecting them to arrest, detention, and deportation without consideration of the merits of their asylum claims. Judge Judith Cloete, who wrote the judgment, said the provisions unjustifiably limited the rights to no-refoulement and other constitutional rights, particularly those of children. This was done by placing procedural barriers without substantive merit assessments. The department's argument that the provisions acted as a "safety valve" against illegal immigrants was rejected by the court.

Sanef and partners launch initiative to protect journalists and human rights defenders
Sanef and partners launch initiative to protect journalists and human rights defenders

IOL News

time04-05-2025

  • Politics
  • IOL News

Sanef and partners launch initiative to protect journalists and human rights defenders

Sanef, Lawyers for Human Rights (LHR) and Amnesty International SA launched a new initiative to protect journalists and human rights defenders. Image: - Human rights organisations and the South African National Editors' Forum (Sanef) have launched a new initiative to protect journalists and human rights defenders from any form of threat and intimidation. Sanef, Lawyers for Human Rights (LHR) and Amnesty International SA, launched 'Create Project' to safeguard journalists and human rights from rising threats in the form of online abuse, physical intimidation, surveillance and harassment. The project, called Capacitating Resilience, Enhancing Accountability and Transforming the Environment (Create), aims to strengthen the protection of journalists and human rights defenders in Southern Africa. The organisations said journalists and human rights defenders in South Africa and the region are facing rising threats in the form of online abuse, physical intimidation, surveillance and harassment in the face of a global anti-rights movement. This comes as the organisations celebrated World Freedom Day on Saturday. May 3 acts as a reminder to the governments of the need to respect their commitment to press freedom. The organisations said the initiative recognised that attacks on media freedom and civic activism were not isolated and that they are part of a broader pattern aimed at silencing truth and undermining the democratic space. The project is designed to push back against that. In March 2018, former EFF deputy president, Floyd Shivambu, who is now the umKhonto weSizwe (MK) party secretary general, was caught on camera intimidating a multimedia journalist Adrian de Kock outside parliament. In 2020, police in Swaziland raided the home of Zweli Martin Dlami, the editor of the Swaziland News, and arrested him for two articles he published about King Mswati III, lying about the political and economic situation and accusing him of promoting a cultural ceremony where women could be sexually abused. His laptops, cellphones, hard drives and other electronic devices were also seized. In April 2021, SABC Radio news journalist Phanuel Shuma was forced to lay a charge of intimidation with police after brothers Manqoba and Lucky Khoza, who were accused of murder and a prosecutor accused of taking a bribe, wanted him to derail their case, at his workplace in Pretoria. In 2022, human rights defenders Ayanda Ngila and Siyabonga Manqele were murdered and joined the growing list of activists who have been assassinated for their work, like environmental activist Mam'Fikile Ntshangase and whistleblower Babita Deokaran, who were killed for their role in advocating for the rights of marginalised communties and speaking out against corruption. The new initiative aims to build a safe, supportive, and responsive environment where journalists can do their work without fear, and where defenders of human rights can continue to raise their voices without being punished for it. Sanef executive director Reggy Moalusi said, 'This is a key training initiative, coming at the right time when journalists across southern Africa are increasingly being harassed and intimidated. We seek to see a better environment where journalists are better treated and are allowed to do their work without any fear of being hunted down by those who simply hate the work they do, and they are afraid of being exposed for all the wrongdoing.' At the core of the project is the development of a system where journalists can report threats and harassment safely and confidentially. These reports will not only help secure emergency support for those in immediate danger but will also contribute to a growing body of evidence that can be used to hold perpetrators accountable and influence legal and policy reforms. Amnesty International SA executive director Shenilla Mohamed said, 'This is an important project which underscores the work Amnesty International South Africa, along with other organisations, has been doing on human rights defenders. Journalists, like all human rights defenders, need to be protected. Attacks on journalists ultimately restrict the right to freedom of expression in the country and have the potential to limit the right of the public to access accurate information in the public interest. A vibrant and free press is a key building block of any society.' By collecting and analysing data on threats and trends, the CREATE project will help shape more informed responses from policymakers, media organizations, and human rights institutions. The aim is to close the gaps that currently allow perpetrators of harassment and violence to act without consequence. The organisations added that to protect press freedom, the broader environment must be safe for all defenders of rights and democracy. The project strengthens referral networks and access to information so that more defenders, not just those in major cities or established media, can get help when they need it most.

American Airlines' new Flagship Suite business class will enter service on these routes
American Airlines' new Flagship Suite business class will enter service on these routes

Yahoo

time03-05-2025

  • Business
  • Yahoo

American Airlines' new Flagship Suite business class will enter service on these routes

American Airline's latest business class product is about to take flight. The airline announced Friday that its new Flagship Suites will go on sale on select routes starting next week, with service set to begin on some flights as soon as next month. The new suites will begin service on new Boeing 787-9 aircraft, and will later be introduced on Airbus A321XLRs and retrofitted Boeing 777-300ERs. The seats feature fully lie-flat beds and closing doors. 'Every aspect of our new 787-9 is designed to feel premium in nature,' Heather Garboden, American's Chief Customer Officer said in a statement. 'Whether flying for business or pleasure, having the opportunity to explore other parts of the world should be an exciting and memorable experience that begins the moment you book your flight, long before you reach your final destination.' The 787s will feature new premium economy seats as well. According to American, these are the first round-trip routes the new seats will be available on: Chicago (ORD) to London (LHR) beginning June 5 Philadelphia (PHL) to London (LHR) beginning Aug. 6 Philadelphia (PHL) to Zurich (ZHR) beginning Sept. 3 Dallas Fort Worth (DFW) to Brisbane (BNE) beginning Oct. 26. Zach Wichter is a travel reporter and writes the Cruising Altitude column for USA TODAY. He is based in New York and you can reach him at zwichter@ This article originally appeared on USA TODAY: Here are the first routes with American Airlines' new business class

American Airlines' new Flagship Suite business class will enter service on these routes
American Airlines' new Flagship Suite business class will enter service on these routes

Yahoo

time02-05-2025

  • Business
  • Yahoo

American Airlines' new Flagship Suite business class will enter service on these routes

American Airline's latest business class product is about to take flight. The airline announced Friday that its new Flagship Suites will go on sale on select routes starting next week, with service set to begin on some flights as soon as next month. The new suites will begin service on new Boeing 787-9 aircraft, and will later be introduced on Airbus A321XLRs and retrofitted Boeing 777-300ERs. The seats feature fully lie-flat beds and closing doors. 'Every aspect of our new 787-9 is designed to feel premium in nature,' Heather Garboden, American's Chief Customer Officer said in a statement. 'Whether flying for business or pleasure, having the opportunity to explore other parts of the world should be an exciting and memorable experience that begins the moment you book your flight, long before you reach your final destination.' The 787s will feature new premium economy seats as well. According to American, these are the first round-trip routes the new seats will be available on: Chicago (ORD) to London (LHR) beginning June 5 Philadelphia (PHL) to London (LHR) beginning Aug. 6 Philadelphia (PHL) to Zurich (ZHR) beginning Sept. 3 Dallas Fort Worth (DFW) to Brisbane (BNE) beginning Oct. 26. Zach Wichter is a travel reporter and writes the Cruising Altitude column for USA TODAY. He is based in New York and you can reach him at zwichter@ This article originally appeared on USA TODAY: Here are the first routes with American Airlines' new business class

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