The Department of Home Affairs in South Africa has denounced a large-scale disinformation campaign regarding the Constitutional Court's 7 July 2026 judgement in the Scalabrini Centre of Cape Town matter. The case concerns the processing of asylum applications and the department stated that it had vigorously opposed the case, which led to a binding ruling from the Constitutional Court.
The disinformation campaign falsely claims that the Minister of Home Affairs or the department initiated the decision to suspend "good cause" interviews for asylum seekers. The department has clarified that this is not true and that an operational directive was issued solely to give effect to the judgement, as is standard practice to ensure compliance with rulings of the highest court in the land.
The Scalabrini Centre, a non-profit organisation that assists migrants, refugees, and local South Africans, brought the case against the Minister of Home Affairs regarding practices related to asylum seekers and the "good cause" interviews required for their applications. The Constitutional Court confirmed the Western Cape High Court's declaration that certain provisions of the Refugees Act were unconstitutional and invalid.
The court declared sections of the Refugees Act, which allowed for immigration officials to deport an asylum seeker if they are in the country without a transit visa, unconstitutional. A transit visa is issued at a port of entry to allow a person to travel to a refugee reception centre and apply for asylum.
The Department of Home Affairs has stated that it will continue to fulfil its constitutional obligations, irrespective of whether it was successful in the litigation concerned. The department has also referred the matter to the Independent Electoral Commission for further action in terms of the newly published Code of Conduct on Countering Disinformation.
The Code provides guidelines for the conduct of political parties, candidates, and anyone acting on their instruction, authority, or for reward, across all election-related communication. The department has called on South Africans to help combat the growing scourge of disinformation and incitement by verifying information.
The Department of Home Affairs has emphasised that respect for binding court judgments is fundamental to the rule of law and the country's constitutional democracy. The department has also clarified that the Constitutional Court judgement does not grant asylum seekers citizenship or provide for the blanket legalisation of foreign nationals.
Key points
- The Department of Home Affairs has condemned disinformation about the Constitutional Court's judgement in the Scalabrini Centre of Cape Town matter.
- The judgement concerns the processing of asylum applications and the suspension of "good cause" interviews for asylum seekers.
- The department has referred the matter to the Independent Electoral Commission for further action in terms of the Code of Conduct on Countering Disinformation.
