A/HRC/17/33/Add.4
21.
The procedure for extraditing asylum-seekers and refugees is governed by the
Extradition Act of 1962, which provides for the arrest of fugitives and subsequent inquiry
by a magistrate and, if necessary, an order to surrender by the Minister for Justice and
Constitutional Development. If, however, the Department of Home Affairs decides to grant
asylum to a fugitive, the Department of Justice and Constitutional Development cannot
order the arrest of that person.
IV.
A.
Good practices
Constitutional and legal guarantees
22.
The Special Rapporteur was informed of the strong constitutional and legal
guarantees that protect all persons in South Africa against deprivation of liberty and the
progressive enumeration of social and economical rights, which prohibits discrimination in
access to public services such as health care, education and social security.
23.
The Constitution is the supreme law in South Africa. In the preamble, it
acknowledges the injustices of the past and dedicates the nation to building a democratic
and open society. The Constitution contains 14 chapters and 7 schedules. Chapter 2 (sects.
7-39) contains the Bill of Rights, which is regarded as one the most progressive of the
world. Most of its provisions apply to all persons in the country, whether they are citizens
or not or have legal status of stay or residence. In particular, section 9, the provision
guaranteeing equality of all persons, states that:
(a)
Everyone is equal before the law and has the right to equal protection and
benefit of the law;
(b)
Equality includes the full and equal enjoyment of all rights and freedoms. To
promote the achievement of equality, legislative and other measures designed to protect or
advance persons or categories of persons disadvantaged by unfair discrimination may be
taken;
(c)
The State may not unfairly discriminate directly or indirectly against anyone
on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or
social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture,
language and birth.
24.
The Special Rapporteur was impressed by the rights protected and guaranteed to all
in the Bill of Rights, which he found to be comprehensive and covering all issues relevant
to the protection of migrants, in particular the right to freedom and security of the person
(sect. 12), the prohibition of slavery, servitude or forced labour (sect. 13), freedom of
employment and fair labour practices (sects. 22-23), the right of all to adequate housing
(sect. 26), to health care, food, water and social security services (sect. 27) and education
(sect. 29), and the protection of children (sect. 28). The State has the obligation to take
reasonable legislative and other measures, within available resources, to achieve the
progressive realization of each of these rights.
B.
Absence of anti-immigrant stance in political discourse
25.
The Special Rapporteur noted the absence of anti-immigrant sentiment in political
discourse. He welcomes the Government’s handling of previous episodes of xenophobic
violence, noting in particular that the organization of the FIFA World Cup took place in
2010 without any major incident, as had been feared.
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