The Inter-Ministerial Committee on Migration in South Africa has clarified that a recent Constitutional Court judgment does not grant automatic refugee status or permanent residence to migrants seeking asylum in the country. The judgment, which was handed down recently, found that asylum seekers may not be deported until they have fully accessed the asylum system, regardless of how they arrived in South Africa. This has led to a significant influx of people at refugee reception centres across the country.
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, who chairs the Inter-Ministerial Committee on Migration, addressed the media on October 8, 2026, to provide an update on the government's comprehensive approach to migration. Kubayi emphasized that the judgment requires that people claiming asylum be given access to the asylum determination process, but they must still be assessed under the Refugees Act. This assessment will help determine whether their applications are legitimate or not.
According to Kubayi, the judgment does not legalize unlawful migration, and the government retains the right to enforce immigration laws and deport those who do not meet the legal definition of a refugee, once due process has been followed. However, the implementation of the judgment has had unintended consequences, with thousands of people turning up at refugee reception centres across the country to apply for asylum. This has overwhelmed the Department of Home Affairs.
The large influx of asylum seekers has put a strain on the Department of Home Affairs, with Kubayi acknowledging that the numbers have been overwhelming. The department has had to deal with a significant increase in applications, which has raised concerns about its capacity to process them efficiently. The government has assured that it is working to address these challenges and ensure that the asylum system is not abused.
Kubayi also emphasized that fraudulent, abusive, or unfounded applications can still be rejected through the established legal process. The government is committed to ensuring that the asylum system is not abused and that only legitimate applicants are granted refugee status. This will help maintain the integrity of the system and prevent it from being exploited by those who do not genuinely need it.
The Constitutional Court judgment has had significant consequences for South Africa's migration system, with many people seeking to take advantage of the new ruling. However, the government has made it clear that it will not tolerate abuse of the system and will take steps to ensure that it is used for its intended purpose. The government has also called on the public to be vigilant and report any suspicious activity.
The implementation of the judgment is being closely monitored, and the government is working to address any challenges that arise. The Inter-Ministerial Committee on Migration will continue to provide updates on the situation and work with relevant stakeholders to ensure that the asylum system is implemented fairly and efficiently. The government remains committed to upholding the law and protecting the rights of all individuals.
Key points
- The Constitutional Court judgment does not automatically grant refugee status or permanent residence to migrants seeking asylum in South Africa.
- The judgment requires that people claiming asylum be given access to the asylum determination process, but they must still be assessed under the Refugees Act.
- The implementation of the judgment has had unintended consequences, with thousands of people turning up at refugee reception centres across the country to apply for asylum.
