The Constitutional Court confirmed on 7 July 2026 that certain provisions of the Refugees Act that blocked some asylum seekers from accessing South Africa’s asylum system were unconstitutional and invalid. The court upheld a Western Cape High Court ruling, reinforcing that procedural requirements, such as possession of valid transit visas, cannot bar people from applying for asylum.
The Department of Home Affairs acknowledged the ruling the same day, stating it would carefully study the judgment to determine the next steps. A circular dated 28 September then instructed Refugee Reception Offices to accept applications from all new asylum seekers. By early October, GroundUp reported the Gqeberha Refugee Reception Office had reopened to welcome new applicants, marking a significant shift after years of restrictive practices and covid-related closures.
The legislation amended in early 2020 had allowed Home Affairs to block applicants lacking valid transit visas, effectively excluding many from claiming asylum. This period coincided with widespread Refugee Reception Office closures from March 2020 to May 2022 due to the covid pandemic, during which new applications were largely barred.
Civil society groups Lawyers for Human Rights and the Scalabrini Centre of Cape Town welcomed the judgment, emphasising that “South Africa’s asylum system must remain open to all people seeking protection, regardless of how or when they entered the country.” They pointed out that the court reaffirmed that procedural non-compliance cannot be a barrier to asylum access.
The judgment carries considerable legal weight, confirming that individuals must be allowed entry to the asylum system before any claims on refugee status are assessed. According to the Constitutional Court, “procedural non-compliance cannot operate as a precondition to accessing the asylum system.” This addresses long-standing critiques that administrative rules have unfairly sidelined vulnerable applicants.
GroundUp described the reopening process as a first in years where everyone, including those who entered South Africa unlawfully or without visas, could seek asylum officially. However, some operational details such as exact processing capacity and the daily handling of applicants at certain offices, including Gqeberha, remain unconfirmed by multiple independent sources.
This landmark ruling and follow-up policy changes mark a pivotal restoration of access to the refugee protection system in South Africa. It comes after years of legal battles and community pressure challenging access restrictions that affected thousands seeking international protection.
The Department of Home Affairs has committed to reviewing the full implications of the court ruling and will announce further measures in due course. CapeFlats.co.za will continue monitoring the rollout of these changes and report on any developments in asylum system operations across the Western Cape and beyond.