Know your rights as a Foreigner in South Africa

If you’re a foreign national living in or visiting South Africa, it’s important to understand your legal rights and responsibilities. The South African Constitution is among the most progressive in the world and guarantees certain rights to all people, not just citizens.

Know Your Rights as a Foreigner in South Africa

1. Constitutional Rights According to the South African Constitution, many rights apply to “everyone”, regardless of nationality. These include:
   1. Right to equality and non- discrimination (Section 9)
   1. Right to human dignity (Section 10)
   1. Right to life (Section 11)
   1. Right to freedom and security of the person (Section 12)
   1. Right to privacy (Section 14)

• Right to access basic education (Section 29)
  • Right to just administrative action (Section 33)

These rights are enforceable whether you are documented or undocumented, though your immigration status may impact your access to some services (like employment or tertiary education).

• Immigration and Residency As a foreigner, your stay in South Africa is governed by the Immigration Act. Key points:
  • You must enter legally and hold valid documentation (visa, asylum permit, etc.).
  • Overstaying your visa can result in being declared undesirable and banned from re-entry.
  • If you are seeking asylum or refugee status, you have the right to apply and receive temporary protection while your case is assessed.
• Access to Services
  • Healthcare: You have the right to access emergency medical treatment, regardless of status. Public healthcare may be limited for undocumented foreigners.
  • Education: Children, regardless of nationality or documentation, have the right to basic education in public schools.
  • Legal Aid: Foreign nationals have the right to access legal representation and fair treatment in court.

• You can report xenophobic violence or discrimination to the South African Human Rights Commission (SAHRC) or local authorities.
• Arrest and Detention
  • You cannot be detained arbitrarily.
• If arrested or detained, you have the right to:
  • Be informed of the reason.
  • Contact your embassy or consulate.
  • Appear in court within 48 hours.

The detention of undocumented migrants must comply with South African law and international standards (no indefinite detention without court order).

• Refugee and Asylum Rights Under the Refugees Act:
  • You may apply for asylum if you fear persecution in your home country.

• You are protected from refoulement (being sent back to danger).
  • You can work and study legally with a valid asylum seeker permit.

Where to Get Help

• Department of Home Affairs

(DHA): www.dha.gov.za

• South African Human Rights Commission (SAHRC): www. sahrc.org.za
  • Lawyers for Human Rights: www.lhr.org.za
• Legal Aid South Africa: www.legal-aid.co.za
• UNHCR (United Nations High Commissioner for Refugees): www.unhcr.org

By Legal Desk Uganda community in Pretoria