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Refugees Act, 1998 (Act No. 130 of 1998)

Regulations

Refugees Regulations, 2018

6. Integrity measures

 

(1) All members and administrative staff of the Standing Committee, Refugee Appeals Authority and all members of staff at any Refugee Reception Office, including persons who perform any function in such Office, but who are not employed by the Department, must―
(a) at the request of the Director-General, submit themselves to—
(i) any interview relating to establishing integrity; or
(ii) an interview arising from a reasonable suspicion of undue gratification, fraud, corruption or any crime of which dishonesty is an element;
(b) complete any disclosure form required, which disclosure shall be updated from time to time; and
(c) from time to time, as determined by the Director-General, submit to a polygraph test.

 

(2) When gathering information contemplated in section 20A(2)(a) of the Act in order to establish the integrity of a person as contemplated in section 20A(1) of the Act, such person will be required to disclose, to a duly authorised person, information regarding his or her―
(a) interview, conduct, association or consultation with any person during the course of his or her tenure with the Department;
(b) assets, liabilities, gifts, donations, loans or any benefits received or derived during such tenure;
(c) involvement with or implication in any criminal act, matter or investigation or any pending criminal case or conviction; and
(d) any pending or finalised civil judgment.

 

(3) Any information on personal finances, gifts or health records and history related to members of staff, and their family in relation to terminal health, at any Refugee Reception Office or members of the Standing Committee and Refugee Appeals Authority, shall be held securely and may only be accessed by the Director-General, an authorised official of the Department, an officer of the South African Police Service or any other authorised law enforcement officer.

 

(4) The Director-General must—
(a) take the necessary steps to ensure that any information gathered in accordance with this regulation, including the information contemplated in section 20A(2) of the Act, is stored in such a secure manner as would preclude access to such information by a person or authority other than those referred to in section 20A(3)(b) of the Act, read with subregulation (3); and
(b) keep, maintain and safeguard the information obtained in accordance with this regulation.

 

(5) The records contemplated in this regulation, read with section 20A of the Act, shall be stored for the duration of employment of any concerned member of staff at any Refugee Reception Office or members of the Standing Committee and Refugee Appeals Authority and shall be archived within 5 years of the member leaving the employ of the Department, the Standing Committee or the Refugee Appeals Authority.