Cape Town – The Department of Home Affairs has rejected claims that a Constitutional Court judgment gives asylum seekers South African citizenship or automatically legalises foreign nationals.
The department described the claims as “categorically false”, saying they form part of what it called a coordinated disinformation campaign around the court’s July 7 judgment in the Scalabrini Centre of Cape Town matter.
The judgment dealt with how asylum applications should be processed and required the department to comply with the court’s ruling.
Home Affairs said it was constitutionally obliged to implement the judgment, regardless of the fact that it had opposed the case.
An operational directive was subsequently issued to give effect to the ruling.
“The Constitutional Court handed down a binding judgment, which the Department is constitutionally obliged to implement,” Home Affairs said.
The department said claims that the suspension of good-cause interviews was initiated by the minister, Home Affairs officials or political parties were also false.
It said the operational directive was issued solely to ensure compliance with the Constitutional Court judgment.
Home Affairs said it would refer the matter to the Independent Electoral Commission (IEC) for further action under the newly published Code of Conduct on Countering Disinformation.
The department also warned that misinformation surrounding the judgment could inflame tensions and contribute to violence against Home Affairs officials.
📢 MEDIA STATEMENT | Home Affairs acts against disinformation surrounding the Constitutional Court judgment on the processing of asylum applications.
The Department says claims that the judgment grants asylum seekers citizenship or blanket legalisation are false and has referred the matter to the IEC for further action.
For verified information, follow official government platforms and sources.
🔗 Full Statement https://t.co/bsUhHYmfUP
#GovZAUpdates #HomeAffairs @HomeAffairsSA
— South African Government (@GovernmentZA) October 7, 2026
“Claims that this judgment by the Constitutional Court grants asylum seekers citizenship or provides for the blanket legalisation of foreign nationals are also categorically false,” it said.
The clarification comes amid heated debate over the impact of the ruling and a new directive requiring refugee reception offices to accept asylum applications from people who indicate that they want to seek asylum.
The Constitutional Court ruling does not automatically recognise an applicant as a refugee or give them South African citizenship. Instead, it concerns access to the asylum process and how applications must be handled by Home Affairs.
ASYLUM APPLICATIONS | March and March leader Jacinta Ngobese-Zuma says South Africans have followed all legal channels to no avail and are now demanding that the Department of Home Affairs take the matter of asylum seekers back to the Constitutional Court. https://t.co/hhrLmddXlz
— SABC News (@SABCNews) October 7, 2026
The department said respecting binding court judgments was fundamental to South Africa’s constitutional democracy.
It also called on members of the public to verify information before sharing it, particularly claims that could encourage violence or undermine public institutions.
Home Affairs said its officials faced disinformation and incitement on a daily basis and urged South Africans to help counter the spread of false information.
“The deliberate spreading of disinformation designed to i nflame tensions and violence is a threat to the stability of our society,” the department said.
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Compiled by Glaan Sibuyi
