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

Chapter 5 : Rights and Obligations of Refugees and Asylum Seekers

29. Restriction of detention

 

(1) No person may be detained in terms of this Act for a longer period than is reasonable and justifiable and any detention exceeding 30 days must be reviewed immediately by a court in whose area of jurisdiction the person is detained, and such detention must be reviewed in this manner immediately after the expiry of every subsequent period of 30 days of detention.

 

(2) The detention of a child must be used only as a measure of last resort and for the shortest possible period of time, taking into consideration the principle of family unity and the best interest of the child.