Govt laments disinformation over asylum seekers ConCourt judgment

South Africa's ability to manage its asylum system is being questioned after a Constitutional Court ruling expanded access to the process, raising concerns about the state's ability to handle applications and pending cases. Refugees centers in Durban and Pretoria are seeing hundreds of foreigners arriving following a Home Affairs directive allowing applications from undocumented people covered by the ruling.

Siseko Maposa, from Surgetower Associates Management Consultancy, said the government must assess whether it has the institutional capacity to implement the law, pointing to safeguards like biometric data collection and database cross-referencing. Home Affairs reported processing 3,994 applications and approving 1,934 during the 2025/26 period.

However, Vuyo Zungula, leader of the African Transformation Movement, warned the ruling could strain the labour market, claiming 95% of applications are "not genuine," though this figure could not be independently verified. Lerato Ngobeni, parliamentary chief whip for ActionSA, said while the government must comply with the court's order, they are concerned about the operationalization of the judgment and the government's capacity to manage it.

They proposed solutions including processing facilities near the borders, tighter determination timelines, and mechanisms to differentiate genuine refugees from economic migrants. Home Affairs denied the ruling allowed blanket legalization and called off a perceived disinformation campaign. The Electoral Commission clarified that asylum-seekers cannot vote in South Africa, and the Inter-Ministerial Committee on Migration convened an urgent meeting to discuss the implications of the ruling and find a solution.