1. Right to Legal Representation
• You have the right to consult with a legal representative.
• Contact an immigration practitioner, legal aid clinic, or attorney urgently.
• Do not sign any documents without understanding them fully.
2. Section 34 of the Immigration Act
• You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you
• If you're found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.
• BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay
3. Apply for Asylum Under Section 21 of the Refugees Act
You may not be deported if you:
• Indicate an intention to seek asylum, and
• Begin the process by applying online or at a Refugee Reception Office.
• The courts (e.g., Scalabrini Centre v DHA, Maow case) have ruled that even an emailed or manual application for asylum is enough to protect you from arrest and deportation—as long as it’s genuine.
Tip: Keep all proof of application—email receipts, DHA acknowledgements, etc. – This isa complex process use a registered Immigration Practitioner or Lawyer – Stay away from fly by night businesses
4. Challenge the Legality of Your Arrest or Detention
• If you were arrested without a warrant or the DHA/VFS failed to follow procedure, a court can declare the arrest unlawful.
• Lawyers can apply for a habeas corpus or interdict to secure your release.- Again do everything before you get arrested save yourself a lot of time and expenses
5. Consider Alternative Visa Options
If asylum is not suitable or rejected, consider:
• Spousal or Life Partner Visa (if in a genuine relationship with a South African)
• Child of SA citizen visa
• Special Permit (e.g., for ZEP holders if available)
• Waivers or Ministerial Discretions in limited cases
6. Court Precedents That Protect You
• Scalabrini Centre case (2024): DHA may not deport anyone who has indicated intent to apply for asylum.
• Maow v DHA (2025): Even manual or lost asylum applications trigger legal protection under Section 21(4).
• These rulings force Home Affairs to honour the asylum process, even when their systems fail.
Summary: Immediate Steps if Arrested
1. Ask to speak to a registered immigration practitioner or lawyer.
2. Tell the authorities you wish to apply for asylum (if applicable).
3. Avoid signing voluntary departure or deportation documents.
4. Inform a trusted person outside detention to seek legal help.
5. Document your situation—get names, dates, and locations.
💬 Need Help?
We’ve helped thousands of undocumented individuals legalise their status or defend against unlawful arrest and deportation. If you or someone you know is in this situation, contact us immediately.
📞 WhatsApp: +27 82 373 8415
📧 Email: info@samigration.com
🌐 Website: www.samigration.com
