South Africa is struggling to cope with a surge in asylum seekers following a Constitutional Court ruling that has opened the door for people to claim protection. The ruling, which was made on July 7, struck down provisions of the Refugees Act that penalized people who entered the country irregularly or missed filing deadlines. As a result, queues have formed outside refugee reception offices across the country, with many people seeking to claim asylum. The Department of Home Affairs has instructed its offices to accept applications from anyone who reports in person and says they want protection.
The situation has sparked anger and protests across the country, with many South Africans expressing frustration at the perceived influx of migrants. In Durban, protesters carrying sticks and sjamboks reportedly forced about 1,000 asylum seekers out of the queues, while police later told hundreds more to leave over security concerns. The United States issued a security alert for the city, highlighting the growing tensions. Minister in the Presidency Khumbudzo Ntshavheni confirmed that the government is seeking legal clarity on how to respond to the ruling while protecting the country's borders.
The government has also gone back to court, approaching the Pretoria High Court for a full bench hearing later this month to determine how undocumented asylum seekers should be handled. The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, sought to calm the situation, emphasizing that the judgment does not legalize unlawful migration, nor does it hand anyone refugee status or permanent residence. Kubayi added that the ruling requires only that people claiming asylum be allowed into the determination process.
Despite the government's assurances, the situation remains volatile, with many South Africans feeling that the country's borders are being threatened. The South Africans First Forum argues that the judgment has made the country's borders effectively open, while March and March leader Jacinta Ngobese-Zuma called the ruling "absolutely shocking" and alleged that migrants are urging relatives to come and claim asylum. The government has described much of this as a coordinated disinformation campaign.
The crisis has highlighted the strain on the country's refugee reception offices, with five centers buckling under the numbers. Kubayi conceded that the offices were overwhelmed, but emphasized that the government is committed to providing services to citizens and asylum seekers alike. The government has also begun revoking statuses obtained fraudulently after Special Investigating Unit investigations, and Kubayi backs extending the SIU's work to the asylum system.
The situation has also raised concerns about vigilantism and the rule of law, with mobs displacing the state in some areas. Each time a mob decides who may enter a government building, the rule of law that Pretoria says it is defending takes another blow. The distinction ministers keep drawing between access to the asylum process and the granting of asylum is legally sound, but it is a hard sell to a citizen standing beside a queue that runs for blocks.
The Pretoria hearing will test whether the government can honour the Constitutional Court without losing the public. If it cannot, the next confrontation will not wait for a judgment. The government has a five-point migration plan, which includes extending the SIU's work to the asylum system and reviewing its instructions to refugee reception centers to prevent confusion. The plan aims to balance the country's obligations to asylum seekers with the need to protect its borders and provide services to its citizens.
Key points
- The Constitutional Court ruling has opened the door for asylum seekers, sparking anger and protests across South Africa.
- The government is seeking legal clarity on how to respond to the ruling while protecting the country's borders.
- The situation has highlighted the strain on the country's refugee reception offices and raised concerns about vigilantism and the rule of law.
