South Africa clarifies asylum ruling as offices face pressure

South Africa’s Inter-Ministerial Committee on Migration said a Constitutional Court ruling has restored asylum seekers’ access to application processing, while refugee reception offices face pressure from increased demand. Justice Minister Mmamoloko Kubayi said the ruling does not automatically grant refugee status or permanent residence, or legalise irregular migration. Kubayi spoke at a briefing in Pretoria on October 8, after the committee met to address the ruling’s implementation. She said refugee reception offices had been overwhelmed by people seeking to apply. The reports did not provide a verified count of applicants or queues. The Constitutional Court ruled in July 2026 that parts of the Refugees Act could not prevent people from accessing the asylum system solely for procedural reasons. The barriers included irregular entry, lacking an asylum transit visa or failing to report to a refugee reception office within the prescribed period. The court found that such requirements could exclude people from the process before their claims were assessed. The ruling requires access to the asylum determination process, not approval of a claim, Kubayi said.