Migration and asylum processes in South Africa are often lengthy, complex, and emotionally exhausting. For asylum seekers, every decision carries profound implications; the difference between safety and danger, stability and vulnerability. Within this fragile space, lawyers and legal representatives play an indispensable role. They are the ones who prepare applications, argue appeals, and, when necessary, take rejected cases before the High Court for judicial review.
However, a concerning reality has emerged: many asylum seekers, because of limited knowledge of the legal system, language barriers, or financial desperation, fall victim to exploitation by unscrupulous legal practitioners. Lawyers who should be advocates and protectors of rights sometimes overcharge, underperform, or fail entirely to deliver the services for which they were paid. This article explores the relationship between asylum seekers and migration lawyers, highlights common pitfalls, and offers practical steps to protect vulnerable clients. It emphasizes the importance of contracts, follow-ups, and oversight, and points to the avenues of recourse available when lawyers abuse their trust.
1. WHY THE LAWYER–CLIENT RELATIONSHIP MATTERS IN MIGRATION CASES
South Africa’s asylum and migration system is notorious for high rejection rates. Initial applications are often dismissed by the Refugee Status Determination Officer (RSDO), and appeals to the Refugee Appeal Authority of South Africa (RAASA) or the Standing Committee for Refugee Affairs (SCRA) commonly fail. In many cases, the last hope for an asylum seeker is to challenge these decisions before the High Court through judicial review.
At this critical stage, the stakes are enormous. A poorly drafted affidavit, a missed deadline, or a lawyer’s lack of preparation can result in permanent rejection, with the applicant facing detention, deportation, or return to danger. This is why the lawyer–client relationship is not a mere formality: it is a life-defining partnership where the lawyer’s commitment, competence, and integrity directly impact the asylum seeker’s future.
Unfortunately, because asylum seekers are often in desperate situations, with limited knowledge of their rights and South African legal procedures, they may place blind trust in lawyers. Some practitioners exploit this vulnerability by charging exorbitant fees for minimal work, failing to communicate with clients, or even abandoning cases midway.
2. THE EXPLOITATION OF ASYLUM SEEKERS BY LAWYERS
It is no secret within refugee communities that exploitation is widespread. Many asylum seekers report paying thousands of rand to lawyers for promised High Court applications, only to discover months later that no papers were filed. Others are persuaded to pay for “special services” or “guarantees of success,” even though no lawyer can guarantee the outcome of a judicial review.
Common abuses include:
1. Overcharging for basic services: Simple applications or letters are billed at unreasonably high fees.
2. Failure to communicate: Clients are left in the dark about their case’s progress.
3. Incomplete wor k : Lawyers take payment but fail to file necessary documents or attend court hearings.
4. False promises: Lawyers exploit clients’ desperation by suggesting they can secure positive decisions through bribes or “connections.”
5. Abandonment: Lawyers drop cases midway, leaving clients without representation and often without refunds.
For asylum seekers, who may already be living in poverty and facing uncertainty about their status, losing money to such practices compounds their suffering.
3. PROTECTING YOURSELF: THE ROLE OF A WRITTEN CONTRACT
The most powerful tool an asylum seeker has in building a healthy lawyer–client relationship is a detailed written contract. A proper contract:
1. Specifies Services – It must state clearly what the lawyer will do: drafting affidavits, filing documents with the High Court, attending hearings, or making representations to the Department of Home Affairs.
2. Outlines Costs – It must detail how much the client is paying, whether fees are fixed or hourly, and what expenses (such as court filing fees or copying costs) are included.
3. Provides Timelines – It should note expected timelines for filing, responses, and hearings. While lawyers cannot control the court’s schedule, they must commit to timely preparation and submission of documents.
4. Clarifies Responsibilities – The client should know what documents or information they need to provide, and the lawyer should explain what they will handle.
With a written contract, both the lawyer and the client are accountable. The client knows exactly what they are paying for, and the lawyer is bound to provide the services promised.
4. FOLLOWING UP: THE CLIENT’S DUTY TO STAY INVOLVED
Many asylum seekers assume that once a lawyer is hired, their responsibility ends. This is a dangerous misconception. Clients must remain actively engaged in their cases.
Practical steps include:
1. Request written proof: Always ask for copies of documents filed in court or letters sent to authorities.
2. Track case numbers: For High Court applications, ensure you receive a case number; proof that your matter has been filed.
3. Regular check- i n s : Schedule regular updates, whether in person, by phone, or by email.
4. Keep records: Maintain your own file with receipts, contracts, and copies of all documents.
When lawyers see that clients are informed, organized, and vigilant, they are less likely to neglect or exploit them. Active follow-up signals seriousness and prevents the case from being quietly abandoned.
5. WHEN RIGHTS ARE ABUSED: THE LEGAL PRACTICE COUNCIL
South Africa has mechanisms to hold lawyers accountable. The Legal Practice Council (LPC) is the statutory body responsible for regulating the conduct of attorneys and advocates.
If a lawyer fails to provide services, overcharges, or engages in unethical conduct, clients can file a complaint with the LPC. The process is free, and complaints can result in serious consequences for the lawyer, including fines, suspension, or even being struck off the roll.
When making a complaint, asylum seekers should:
1. Provide copies of contracts, receipts, and correspondence.
2. Summarize the facts clearly, showing how the lawyer failed in their duties.
3. Keep a timeline of events to demonstrate delays or misconduct.
Even though many asylum seekers fear retaliation or feel powerless, the LPC exists precisely to protect the public against abusive lawyers. Reporting misconduct helps not only the individual client but also the broader refugee community by discouraging exploitative practices.
6. THE QUALITIES OF A GOOD MIGRATION LAWYER
While some lawyers exploit clients, many others dedicate themselves to defending vulnerable migrants with passion and professionalism. A good lawyer is marked by:
1. Transparency; They explain fees, procedures, and risks honestly.
2. Competence; They understand refugee law, administrative law, and High Court procedures.
3. Communication; They keep clients informed regularly and respond to questions.
4. Integrity; They refuse to make false promises or encourage bribery.
5. Empathy; They recognize the human stakes in migration cases and treat clients with dignity.
7. BUILDING COLLECTIVE AWARENESS
Individual contracts and follow-ups are essential, but broader awareness is also critical. Asylum seekers’ communities should create spaces for sharing experiences with lawyers both positive and negative. This collective knowledge can:
1. Help others avoid dishonest practitioners.
2. Empower migrants to demand contracts and accountability.
3. Strengthen advocacy for better regulation of legal services in the migration sector.
8. CONCLUSION: TAKING CONTROL OF THE LAWYER– CLIENT RELATIONSHIP
For asylum seekers and migrants in South Africa, navigating the legal system is daunting, and lawyers are essential allies in this process. But the lawyer–client relationship should never be one of blind dependency.
By insisting on written contracts, remaining actively involved, and knowing the avenues for complaint, asylum seekers can protect themselves against exploitation. A lawyer’s role is to serve the client, not to exploit their vulnerability. Where abuse occurs, the Legal Practice Council is there to enforce accountability.
Ultimately, the message is clear: asylum seekers and Migrants must be empowered to take control of their legal relationships. Vigilance, knowledge, and col lect ive solidarity are the best defenses against exploitation. In the struggle for recognition, dignity, and protection, every migrant deserves honest, competent, and compassionate representation
DENIS SINGWA (LLB)
REFUGEES AND MIGRANTS RIGHTS ACTIVIST
