On 29 and 30 October 2012 the North Gauteng High Court in Pretoria will hear argument in Consortium for Refugees and Migrants Rights in South Africa (CoRMSA) v President of the Republic of South Africa and Others. CoRMSA, with the support of SALC and legal representation of the Wits Law Clinic, will argue that former Rwandan general and suspected war criminal, Faustin Kayumba Nyamwasa, is not eligible for refugee status. This Q and A will tell you everything you need to know about the case. For live updates from the Court room follow SALC on twitter @follow_SALC and visit the SALC website for even more information.

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According to United Nations statistics South Africa accounted for one fifth of the world’s asylum applications, registering a staggering 180 600 applications in 2010 alone, making South Africa the most sought after destination for asylum seekers in the world. Not every one of those persons would have been successful; in fact, if South Africa’s immigration authorities did their job properly, some would have been turned  away, the deserving would be allowed to stay and some would have been found to be ineligible. With regard to ineligibility, South Africa is, under international refugee law,  prohibited from extending protections to persons if there is reason to believe that he or she has been involved in the commission of war crimes, crimes against humanity and genocide. This prohibition is contained in the exclusion provisions, found in virtually every domestic refugee act around the world, and is perhaps a country’s first line of defence against becoming a safe haven for international offenders.

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