Government pushes back on migration fears

Government has pushed back against what it calls misinformation surrounding the Constitutional Court’s July ruling on South Africa’s Refugees Act.

The Inter-Ministerial Committee (IMC) on Migration says the judgment does not automatically grant refugee status or permanent residence to undocumented foreign nationals, nor does it legalise unlawful migration.

The court found certain provisions unconstitutional because they prevented some asylum seekers from accessing the asylum system on procedural grounds.

This includes people who entered the country illegally, did not have asylum transit visas, or failed to report to a Refugee Reception Office within the required timeframe.

That includes people who entered the country illegally, did not have asylum transit visas, or failed to report to a Refugee Reception Office within the required timeframe.

Justice and Constitutional Development Minister and IMC chairperson, Mamoloko Kubayi, says the judgment simply means people claiming asylum must be allowed into the formal determination process, where their claims can be assessed.

Kubayi says those who fail to meet the legal definition of a refugee, or who abuse the asylum system, can still be deported.

She also dismissed claims that refugees are entitled to vote, stressing that refugee status does not confer South African citizenship or voting rights.

“Applications that are found to be fraudulent, abusive, unfounded, or do not meet the requirements of the Refugees Act, will still be rejected through established legal processes. Also very important to emphasise is that the decision of the Constitutional Court doesn’t confer new rights to asylum seekers as many in the social media circles falsely claim,” Kubayi explained.

Amid concerns that Home Affairs offices could be overwhelmed, Kubayi says only five dedicated refugee reception centres process asylum applications, meaning ordinary Home Affairs services for South Africans continue elsewhere.

She has also warned protesters that while citizens have a constitutional right to demonstrate, they cannot block access to Home Affairs offices.

Government says the ruling also does not derail its five-point migration plan.

This includes tightening border management, tackling human smuggling, trafficking and document fraud, improving migration and documentation systems, and accelerating the deportation of people who have exhausted all legal avenues to remain in the country.

Kubayi says government is equally concerned about misinformation and vigilantism.

She warns that anyone falsely presenting themselves as an asylum seeker will face the full might of the law.

Meanwhile, Minister in the Presidency, Khumbudzo Ntshavheni, says frustrated citizens are free to take their concerns to Parliament’s Petitions Committee, including proposals to amend legislation.

“So we must all agree that we have a responsibility. We initiate together. You’ve got platforms to engage not only in government but also in Parliament and say we are not happy with X and Y and this is our proposal. Government will engage with that proposal,” Ntshavheni said.

Despite this announcement, tensions are already playing out on the ground.

Members of anti-illegal migration group, March and March, protested outside the Refugee Reception Centre in Marabastad, Pretoria, blocking access despite government’s warning against such action.

The protesters allege that illegal migration is costing the country millions.

In Durban, tensions also escalated as March and March supporters moved through parts of the CBD on Thursday, with a number of vehicles reportedly set alight.

Similar protests were reported in Hillbrow, Johannesburg, Orlando East, Flagstaff in the Eastern Cape and Epping in Cape Town.

The latest demonstrations come amid growing tensions over migration, with protesters demanding tougher action against undocumented foreign nationals and accusing government of failing to address the issue.

Written by: Odirile Rabalao