Civil society raises concerns over Constitutional Court asylum ruling

South Africa’s asylum system has come under renewed scrutiny after the Constitutional Court struck down key provisions that previously allowed officials to block asylum applications on certain grounds.

Civil society organisations warn that the judgment could place additional pressure on an already stretched immigration system, while the government has begun implementing the ruling at refugee reception offices.

The apex court’s July judgment in the Scalabrini Centre of Cape Town v Minister of Home Affairs case, declared several provisions of the Refugees Act unconstitutional and invalid.

The provisions previously allowed asylum seekers to be excluded from the asylum process if they entered the country irregularly, failed to report to a Refugee Reception Office within five days or did not have an asylum transit visa.

March and March leader, Jacinta Ngobese-Zuma, says the apex court failed to adequately consider the judgment’s implications for ordinary South Africans.

“It is absolutely shocking that every person who enters this country can access the asylum process without the implications for our immigration system being properly considered,” she said.

The Court found that procedural non-compliance could not, on its own, prevent an asylum seeker’s claim from being assessed on its merits.

It said the previous system was inconsistent with the principle of non-refoulement, which protects people from being returned to countries where they may face persecution or serious harm.

Home Affairs has since instructed Refugee Reception Offices to accept asylum applications from people who would previously have been turned away on these grounds.

This has triggered an uproar from some civil society organisations, which say the ruling could create vulnerabilities in South Africa’s immigration system.

Members of March and March reportedly gathered outside Home Affairs offices on Moore Road in Durban on Tuesday and the Refugee Reception Office on Che Guevara Road, as foreign nationals lined up to seek asylum.

The organisation’s Wandile Nsibande warned that the changes could be exploited by criminals seeking to circumvent immigration controls.

Forum for South Africa (FOSA) has also called for stronger border management and legislative changes to close what it describes as potential loopholes.

The organisation’s spokesperson, Tebogo Mashilompane, says South Africa needs “a properly managed asylum system and immigration laws that protect the interests, security and sovereignty of South Africa”.

However, the Constitutional Court’s reasoning centred on ensuring that people seeking protection are not denied access to the asylum system before their claims are properly assessed.

Take the time to read, The patriots of 30th June are dying 😂 https://t.co/3avxiGDH94

— zizipho (@zizipho50) October 5, 2026

We need to talk about the total breakdown at the Tshwane Refugee Reception Office (RRO). Look at the lines right now. How are migrants from Bangladesh, Pakistan, and Somalia bypassing half a dozen peaceful continents and countries to seek asylum here? Because our border enforcement is a ghost town, and the system is buckled. Cry, the beloved country. 😭💔

The “First Safe Country Principle”, the basic logic that you seek refuge in the nearest safe state has been completely defanged by endless legal challenges and activist pushback. Because it wasn’t hardcoded into the original frameworks, South Africa has become the default destination for everyone bypassing the rest of the continent!!

Now this planned invasion is going to triple itself!

They’re all seeking Asylum! 😢 they’re all men another 900+ ! #SecureSABorders #BanFakeAsylumSeekers #BanFakeRefugess

— Kwena Molekwa (@Miz_Ruraltarain) October 5, 2026

@WonderMahlobo This information is incorrect.

Asylum seeker status does not give a person the right to vote in South African elections. Only South African citizens who are 18 years or older & on the voters’ roll are eligible to vote.

Always verify information through official IEC platforms.

— IEC South Africa (@IECSouthAfrica) October 6, 2026