The South African government is seeking legal advice on managing asylum applications following a Constitutional Court ruling that has led to a review of immigration procedures. The ruling requires officials to assess asylum claims without first excluding applicants who entered the country irregularly or failed to apply within prescribed deadlines. This has resulted in long queues forming outside refugee reception centres amid concerns of a blanket amnesty for foreigners.
Minister in the Presidency Khumbudzo Ntshavheni stated that the government is assessing its options to address the judgment's unintended consequences. The department of home affairs will review its instructions to refugee reception centres to prevent confusion. Ntshavheni emphasized that the ruling does not automatically grant refugee status, citizenship, or voting rights, contrary to misinformation circulating online.
The Constitutional Court ruling, which was made on July 7 in a case brought by the Scalabrini Centre of Cape Town and its trustees, confirmed that certain provisions of the Refugees Act were unconstitutional. These provisions required applicants without valid visas to first satisfy officials that they had valid reasons for their circumstances before being allowed to seek asylum. The court found that these barriers prevented consideration of whether applicants needed protection and risked returning people to countries where they could face persecution or harm.
The department of home affairs issued a directive in September to implement the court's judgment. Home affairs said it had opposed the case but was constitutionally obliged to implement the judgment. The department rejected allegations that the changes were initiated by the minister or political parties, or amounted to blanket legalisation of foreigners.
Home affairs also reported that it would refer a co-ordinated disinformation campaign to the Electoral Commission of South Africa (IEC) under its code on countering disinformation. The IEC has dismissed claims that asylum seekers can now vote, stating that only South African citizens aged 18 and older who are registered on the voters' roll are eligible.
Ntshavheni warned that people who do not qualify for asylum or another lawful basis to stay would face removal after being processed. She also mentioned that home affairs had begun revoking asylum or refugee statuses obtained fraudulently after Special Investigating Unit investigations. The department is handling the revocations in batches and will release figures later.
Justice minister and chairperson of the IMC Mmamoloko Kubayi supported extending the SIU investigation to cover the asylum system. The government will implement the ruling within its administrative capacity while considering its legal options, including the possibility of debating constitutional amendments through the National Dialogue if necessary.
Key points
- The government will review its refugee policies to address the unintended consequences of the Constitutional Court ruling.
- The ruling does not automatically grant refugee status, citizenship, or voting rights to asylum seekers.
- The government has begun revoking asylum or refugee statuses obtained fraudulently after Special Investigating Unit investigations.
