Govt considering impact of ConCourt ruling on asylum seekers

The South African government is urgently evaluating the ramifications of a recent Constitutional Court ruling that impacts asylum seekers and the Refugees Act provisions. An Inter-Ministerial Committee on Migration, comprising relevant departments, legal experts, and stakeholders, is convening to devise a lawful and pragmatic approach to the matter.

President Kubayi has called for South Africans to remain composed and refrain from spreading misinformation. The government reaffirms its dedication to border security, efficient migration administration, and the preservation of the rule of law.

Gauteng Judge President Aubrey Ledwaba has sought further clarification from the full court regarding the handling of undocumented asylum seekers detained and facing deportation. This request follows the Constitutional Court's July ruling that nullified certain sections of the Refugees Act. Two Gauteng High Court Judges delivered conflicting judgments on matters related to the same issue.

One Judge ordered immediate release of asylum seekers who expressed an intention to seek asylum, while the other Judge did not release the applicants but mandated Home Affairs to promptly process their asylum interviews.

In response, Judge President Ledwaba placed a moratorium on hearing similar applications in Gauteng until legal clarity is achieved. Protests erupted outside the Department of Home Affairs' Refugee Reception Centre in Durban, where South Africans expressed dissatisfaction with the asylum application processing. The protest coincided with hundreds of foreign nationals, primarily from Ethiopia, Somalia, Bangladesh, and Pakistan, waiting outside the centre to have their applications processed.

The surge in arrivals followed the Constitutional Court's ruling that effectively reinstated South Africa's asylum system for new applicants. Fellowship leader Jacinta Ngobese-Zuma joined the protest and urged the Constitutional Court to reevaluate its decision.