ConCourt judgment does not legalise unlawful migration: Kubayi

Minister Mmamoloko Kubayi, the Chairperson of the Inter-Ministerial Committee on Migration, has clarified the Constitutional Court's recent judgment concerning asylum seekers. The judgment does not automatically grant refugee status or permanent residence to anyone who enters South Africa. It does not legalize unlawful migration either.

Instead, it simply requires that individuals claiming asylum be granted access to the asylum determination process for their claims to be properly assessed according to the law. Kubayi emphasizes that the decision of the Constitutional Court does not confer new rights to asylum seekers.

Meanwhile, South Africans First Forum CEO Xolani Zuma has taken issue with the court's judgment, claiming it has made South Africa's borders "borderless". Demonstrators outside the Home Affairs Refugee Reception Centre in Durban are protesting the decision, calling for the closure of the office to prevent undocumented migrants from applying for asylum.

Zuma argues that the judgment will contribute to South Africa becoming a failed state, as it will make it difficult for police to carry out their duties effectively. He asserts that South Africa is slowly becoming a failed state, as systems put in place as a result of democracy are slowly collapsing. Zuma contends that this judgment has opened a floodgate of illegal immigrants who have been in the country for years but never applied for refugee status. He questions why they only applied for refugee status now.