‘Overwhelmed’: Kubayi says ConCourt asylum ruling strained Home Affairs
Migration committee chairperson Mmamoloko Kubayi says the Constitutional Court’s asylum ruling has put pressure on South Africa’s migration system, but denies it is stopping Home Affairs from helping South Africans.
Mmamoloko Kubayi, chairperson of the Inter-Ministerial Committee on Migration, has stated that South Africa's migration system has been strained by the Constitutional Court's recent asylum ruling. The court's decision has led to prolonged queues at refugee reception offices, with thousands of people applying for asylum. Kubayi clarified that Home Affairs remains committed to assisting South Africans despite the challenges posed by the ruling.
The Constitutional Court's judgment overturned parts of the Refugees Act, making the asylum application process more accessible to foreign nationals, regardless of how they entered South Africa. This move was aimed at strengthening procedural protections for asylum seekers and ensuring that administrative requirements do not prevent individuals from accessing the asylum system.
However, the implementation of the decision has caused difficulties, leading to overcrowded offices and long waiting times. Kubayi emphasized that the court's decision does not automatically grant asylum seekers refugee status or permanent residence but rather allows them to access the asylum determination process for proper assessment based on established legal criteria.
She also reiterated that the government respects the court's decision and is working to address the unintended consequences through collaborative efforts between Home Affairs and law enforcement agencies.
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