ASYLUM FURY: How a narrow court ruling became a week of anti-foreigner rage online

A narrow Constitutional Court ruling on asylum applications, known as the Scalabrini judgment, was distorted online into false claims about citizenship, grants, jobs, and voting, fueling anti-foreigner mobilisation in Durban. The Constitutional Court's ruling on July 7 stated that asylum seekers cannot be turned away at the door on procedural grounds before their claim is heard.

However, within three months, the distorted version of this ruling became part of the story of anti-foreigner unrest in Durban. The Department of Home Affairs' operational directive implementing the Scalabrini judgment led to a surge in online conversation, with posts and YouTube comments growing significantly over a week. The trigger was the directive allowing refugee reception offices to resume accepting new applications and not to turn people away for unlawful entry, missing documents, or late reporting.

The conversation was primarily driven by domestic actors, with most posts authored by South African accounts and paid influencers amplifying the movement's agenda. The misinformation surrounding the ruling focused on broader claims such as unfair access to grants and pensions, distortions around jobs and labour law, and claims about voting rights, particularly regarding asylum seekers participating in the local elections.

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