By Odwa Mkentane
The Inter-Ministerial Committee (IMC) on Migration has reaffirmed the government’s commitment to managing migration in a lawful and orderly manner following the Constitutional Court’s July 2026 judgment on asylum applications.
The court declared certain provisions of the Refugees Act unconstitutional because they prevented some asylum seekers from accessing the asylum system on procedural grounds, including entering South Africa irregularly, lacking an asylum transit visa or missing prescribed reporting deadlines.
The judgment requires authorities to allow asylum seekers access to the application process so their claims can be assessed individually.
During the media briefing on the issue of asylum applications Chairperson of the IMC, Minister Mmamoloko Kubayi, says the Constitutional Court declared certain provisions of the Refugees Act unconstitutional because they prevented some individuals from accessing the asylum system solely on procedural grounds, including where a person entered the country irregularly, did not possess an asylum transit visa, or failed to report to a Refugee Reception Office within the prescribed period.
“We would like to emphasize that as a government committed to the Rule of Law and our constitutional obligations, we respect the Constitutional Court’s decision. We are however concerned about certain unintended consequences of this important judgment, and we would like to take this opportunity to bring South Africans into confidence about our current position on the matter and the proposed interventions to alleviate these unintended consequences. The constitutional court made a ruling on July 2026 on a matter of Scalabrini centre of Cape Town and Another vs Minister of Home Affairs and Others,” Kubayi said.
Photo: Nkhensani Mmamoloko Kubayi/FB
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