Cape Town – Home Affairs has instructed refugee reception offices to accept asylum applications from people who indicate that they want to seek protection, following a Constitutional Court ruling that struck down parts of the Refugees Act.
The directive, signed by the department last week, follows the court’s July ruling that declared several provisions of the Refugees Act unconstitutional and invalid.
The judgment found that procedural requirements could not prevent an asylum seeker from having their claim assessed on its merits.
Under the new directive, refugee reception offices must receive people who report in person and indicate that they intend to apply for asylum.
This is actually insane. You can enter South Africa illegally, bypass a port of entry, have no visa, fail to report within five days and only later declare that you want asylum and Home Affairs must still accept your application without first requiring you to explain your illegal entry.
And people still don’t understand why South Africans are asking serious questions about our asylum system.
— Lerato ᧔ෆ᧓ (@_BellaM_) October 4, 2026
“Every refugee reception office must, with immediate effect, receive every person who reports in person and indicates an intention to apply for asylum, and must assist that person to lodge an application,” the directive states.
It also prohibits refugee reception offices from using policies or quotas that prevent people from accessing the asylum application process.
“No refugee reception office may operate a policy or quota that prevents persons from obtaining effective access to asylum application process,” the notice states.
The directive also makes provision for people who were previously turned away or were unable to lodge an application after their biometric information was captured or an appointment was issued.
“A person who was previously turned away, or whose biometric data was captured or who was given an appointment without being permitted to lodge an application, must be assisted to lodge an application when he or she reports to the refugee reception office,” it states.
The directive further provides for appearance receipts to be issued to asylum seekers who cannot be assisted on the day.
It also states that asylum seekers should not be required to obtain additional transit or travel permits to lodge their applications.
The Constitutional Court’s ruling came in a case brought by the Scalabrini Centre of Cape Town against the Minister of Home Affairs and other government officials.
March and March Movement leader Jacinta Ngobese-Zuma reacts to the July 2026 Constitutional Court ruling that Home Affairs must accept asylum applications from people who entered South Africa illegally.
The Department of Home Affairs will no longer be allowed to turn away asylum seekers simply because they entered the country illegally or do not have the required immigration documents.
— News Live SA (@newslivesa) October 6, 2026
The court confirmed the invalidity of sections of the Refugees Act that had created barriers to asylum applications based on issues including illegal entry and the absence of certain permits.
Home Affairs said after the judgment that it respected the authority of the Constitutional Court and would consider the implications of the ruling.
The directive has since drawn criticism from March and March leader Jacinta Ngobese-Zuma.
Ngobese-Zuma described the Constitutional Court ruling as an “absolutely shocking” capitulation to foreign nationals.
“I think South Africa is really tough. But we are South African. There’s nothing that we can do, is that this democracy that we were sold is not the one,” she said.
Jacinta Ngobese-Zuma looks defeated. What happened to 30th https://t.co/JWTHDp9kSS
— Man’s NOT Barry Roux (@AdvoBarryRoux) October 6, 2026
She questioned whether the country had enough resources to deal with the increased demand on the asylum system while South Africans were also seeking assistance from Home Affairs.
“The resources, the paper, the labour, everything, the system that’s now going to be focused on refugees cannot be the same system that is urgently used to cater for South Africans,” Ngobese-Zuma said.
She also raised concerns about undocumented South Africans who she said were struggling to obtain identity documents and access services.
Ngobese-Zuma said her organisation had received more than 7,000 emails from people seeking help with documentation after a recent call for undocumented South Africans to come forward.
“I’m talking about South Africans, from children who share the most heartbreaking stories of never having had access to their matric certificates, to not being able to open bank accounts, not being able to access grants,” she said.
Ngobese-Zuma further questioned whether the country’s immigration laws were being undermined by the court ruling.
“You mean, like, the Home Affairs Department could not justify the fact that they don’t have enough resources to be able to scan every single illegal immigrant in this country who claims to be a refugee and asylum seeker,” she said.
She ended by questioning the state of democracy in South Africa.
“We are in a mess. We’re in a mess,” Ngobese-Zuma said.
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Picture: Facebook/ Jacinta Zinhle MaNgobese Zuma
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Compiled by Glaan Sibuyi
