The Department of Home Affairs in South Africa is countering what it describes as a coordinated disinformation campaign regarding a recent Constitutional Court judgment on asylum applications. According to the department, false claims are being circulated that Minister of Home Affairs Leon Schreiber or the department itself decided to suspend 'good cause' interviews for asylum seekers.
The Constitutional Court judgment, handed down in July, confirmed that certain sections of the Refugees Act were unconstitutional and invalid. These sections could prevent an asylum seeker from having their application considered on its merits due to how they entered or remained in South Africa. The judgment centered on a challenge by the Scalabrini Centre of Cape Town against parts of the Refugees Act.
At the heart of the dispute was the 'good cause' interview, a process used to determine whether someone without the required documentation could proceed with an asylum application. The court ruled that these requirements could create an unjustified barrier to the asylum system and undermine the principle of non-refoulement, which protects people from being returned to a country where they may face persecution or serious harm.
The Department of Home Affairs has clarified that the change was not a political decision but a direct consequence of the binding Constitutional Court judgment. The department opposed the litigation but is constitutionally obliged to implement the court's order. As a result, Home Affairs issued an operational directive to give effect to the judgment.
The judgment does not grant asylum seekers automatic refugee status, nor does it grant citizenship or blanketly legalise foreign nationals. Instead, it ensures that a person cannot simply be blocked from having an asylum claim considered on the merits because of procedural barriers. The department is now referring the disinformation campaign to the Electoral Commission of South Africa (IEC) under its new Code of Conduct on Countering Disinformation.
The IEC's involvement comes ahead of the local government elections, indicating the potential impact of such disinformation on the electoral process. Home Affairs Minister Leon Schreiber and the department have not made any decisions regarding the suspension of 'good cause' interviews, contrary to circulating claims.
In response to the judgment, the department aims to ensure that asylum seekers' applications are processed in a manner consistent with the Constitution and international law. The case highlights the complexities of asylum and refugee policies in South Africa, a country that has long been a refuge for people fleeing persecution and violence in other parts of Africa.
Key points
- The Constitutional Court judgment was a response to a challenge by the Scalabrini Centre of Cape Town against parts of the Refugees Act.
- The judgment does not grant asylum seekers automatic refugee status, citizenship, or blanket legalisation of foreign nationals.
- The Department of Home Affairs has referred the disinformation campaign to the Electoral Commission of South Africa (IEC) under its new Code of Conduct on Countering Disinformation.
