Public pushback and fierce debate have erupted across South Africa following the formal reopening of the asylum application system, triggered by a landmark Constitutional Court ruling that struck down key exclusionary clauses in the Refugees Act.
Also see: RAF FINANCIAL STRAIN DEEPENS AMID R23.3 BILLION CLAIMS FROM FOREIGN NATIONALS
The apex court’s decision, arising from a challenge by the Scalabrini Centre of Cape Town and the Helen Suzman Foundation, declared unconstitutional provisions that previously allowed Home Affairs officials to turn away asylum seekers for irregular entry or for failing to apply within five days.
While human rights groups have hailed the decision as a crucial victory for constitutional rights and the principle of non-refoulement, public sentiment and civic organisations have expressed strong opposition.
Public backlash over border control and state resources
Critics of the ruling argue that invalidating procedural deadlines removes vital tools for managing illegal immigration and managing border security.
Opponents contend that accepting in-person applications without strict timeframes will place unprecedented strain on social infrastructure, public healthcare, and the Department of Home Affairs, which is already managing a significant backlog.
Across social platforms and community forums, citizens and political figures have voiced concerns that the decision undermines national sovereignty and hinders enforcement under the Immigration Act.
The government knows there are people who falsely claim to be refugees or asylum seekers & have been abusing the system for years.
It is unfortunate they don’t want to address this issue.
In whose interests is South Africa governed ? https://t.co/T7lNSsvbQ3
— Vuyo Zungula MP 🇿🇦 (@ZungulaVuyo) October 5, 2026
Also see: PROF THULI MADONSELA ASKS SA TO BE HONEST ABOUT ANTI-FOREIGNER SENTIMENTS
Department of Home Affairs reopens doors amid policy shift
In compliance with the Constitutional Court order, the Department of Home Affairs officially resumed full processing of first-time in-person asylum applications across its five active Refugee Reception Offices in Pretoria, Durban, Musina, Cape Town, and Gqeberha.
Under the court order, officials are now mandated to capture biometrics and issue Section 22 visas to allow applicant status verification, regardless of entry method or initial delay.
To mitigate ongoing public concern and manage processing capacity, government officials are accelerating reforms outlined in the Revised White Paper on Citizenship, aiming to implement a “first safe country” policy framework and relocate primary reception functions closer to physical border ports.
Also see: 250 000 FOREIGN PUPILS IN SA SCHOOLS – MINISTER TELLS PARLIAMENT
Be the first to know – Join our WhatsApp channel for content worth tapping into. Click here to join!
