Court ruling on asylum does not create new rights, minister says as Durban centre blockaded

Justice minister Mmamoloko Kubayi has told South Africans that a Constitutional Court ruling on the asylum system does not hand asylum seekers any new rights, as tensions stayed high at the Home Affairs refugee reception centre in Durban.

Groups protesting against illegal immigration blocked access to the centre, which had only just resumed processing new asylum applications, according to eNCA (YouTube). The broadcaster reported that the justice minister commented on the judgment, which has prompted a review of immigration procedures.

The court declared certain provisions of the Refugees Act unconstitutional because they prevented some people from reaching the asylum system purely on procedural grounds. Those grounds included entering the country irregularly, not holding an asylum transit visa, or failing to report to a refugee reception office within a prescribed period.

The court found that these procedural barriers could exclude asylum seekers from the asylum process without their claims being properly assessed on their merits. The judgment reaffirms South Africa’s constitutional and international obligations, in particular the principle of non-refoulement, which prohibits returning a person to a country where they may face persecution, conflict or serious harm.

The ruling does not grant refugee status or permanent residence automatically to anyone entering South Africa, and it does not legalise unlawful migration. It requires that people claiming asylum be allowed into the asylum determination process so their claims can be assessed in terms of the law.

Minister in the Presidency Khumbudzo Ntshavheni said the Constitution should be changed if it is not protecting South Africans. She said the governing party has always maintained that the Constitution must put South Africans first, and that if it does not, South Africans have the right to demand its amendment to protect themselves and their sovereignty. She said the judgment has unintended consequences and that government is receiving legal advice on its options.

The comments drew a sharp response from the South African Human Rights Commission. The commission said undermining the Constitutional Court threatens the foundation of South Africa’s democracy. It reminded members of the executive, including cabinet ministers, that their oath of office requires them not only to respect the Constitution but to actively promote it. It said court rulings must be respected because South Africa is a constitutional democracy governed by the rule of law, and that failing to do so puts the country on a dangerous path.

The commission added that while everyone is free to criticise the judiciary, nobody should impugn the courts as disloyal or unpatriotic, and that calls to amend the Constitution should be tested against whether they conflict with other prescriptions rather than simply against an unwelcome judgment.

Also on Thursday, Public Protector Kholeka Gcaleka made an unannounced visit to Charlotte Maxeke Academic Hospital in Johannesburg following concerns about healthcare services, including medication shortages and administrative delays.

The hospital’s pharmacy manager told her the facility serves almost 1 500 patients a day and is short of staff. The manager said the main issues are shortages of drugs and staff and that nothing has been addressed despite the matter being raised with superiors. The manager said about 3 200 items of stock, roughly 5% of the budget, are now bought out, and warned that the hospital cannot issue the two months of medication patients normally receive over Christmas because there is no stock. Staff leave is also being curtailed to keep serving patients.

The Public Protector said alternative means must be found because people are sick, chronic diseases must be managed, and most South Africans cannot afford to pay to travel to the hospital only to find no medication. She said the digital system must be made to work, noting it has been in the pipeline for a long time and was raised when her office issued its report on the state of healthcare services and facilities. She said the cost of the failure is greater than the emotional and psychological impact alone.

The hospital’s chief executive has said some appointments have been concluded on the hospital’s side, and that the province and its provincial office are delaying processing them onto the personnel system so appointment letters can be issued. The Public Protector said she will raise the matter with the MEC for Health. In May she highlighted systemic and administrative issues that delayed repairs after the 2021 fire at the hospital.

In Pretoria, parents and the broader Eesterust community are calling on the education department to intervene urgently and restore learning conditions at Eesterust Secondary School. Years of infrastructure problems have been compounded by vandalism and inadequate security, leaving the school unsafe. Classroom structures contain asbestos and the toilets have been closed, so some grades now attend school on a rotational basis.

Parents told eNCA’s Nabila Shake that the school has no working toilets and no electricity, ceilings are not intact, some doors are missing, and there are not enough chairs for every pupil. One parent said the environment is not conducive to education and not a safe space, pointing to a large gap in the wall behind the bathrooms that anyone could use to get in. Parents want the department to honour a promise made on the 22nd to repair vandalised mobile classrooms at another site and to supply additional mobile classrooms so all children can attend. The education department has promised mobile classrooms will be delivered on 12 October.

In other news, the second state witness has taken the stand in the trial of the men accused of murdering Kiernan “AKA” Forbes and Tebello “Tibs” Motsoane. Sergeant Petronella Mandi Sangakazi of the tactical response team is testifying before the High Court in Durban about the day crime intelligence officers searched for accused number three, Siyanda. Her testimony covers possession of an unlicensed firearm and ammunition. The state believes the weapon was used in the killings.

Police say they are on the trail of a pastor wanted for the alleged rape of a mother and implicated in the death of her four-month-old baby daughter. The pastor’s wife, arrested the previous day, pointed out the shallow grave in Atteridgeville. The Hawks and crime intelligence also uncovered a multi-million rand drug manufacturing laboratory on a farm in Krugersdorp, where large amounts of mandrax and ecstasy tablets were found. Five South Africans were arrested on the farm.

In sport, Anrich Nortje has praised the Proteas’ progress under coach Shukri Conrad ahead of his return to Test cricket against Australia on Friday. Nortje returns after nearly four years away from the format and said the team’s development under Conrad has been impressive. South Africa last faced Australia in a Test at Lord’s in 2025, when they were crowned world Test champions.

Banyana Banyana will play the first leg of their Olympic qualifier against Madagascar behind closed doors at Free State Stadium in Bloemfontein on Friday afternoon, at Madagascar’s request because they do not have a venue meeting international standards. The return leg next Tuesday will be hosted by South Africa with fans allowed in. Coach Desiree Ellis said the team never underestimates an opponent, that the two sides met in 2018 and 2019, and that a good result in the first leg would ease the pressure.

Arsenal manager Mikel Arteta has signed a new contract to stay with the Premier League champions until 2030, saying it is only the beginning of what the club can achieve together.

Source: eNCA (YouTube), eNCA News Bite | Asylum ruling sparks debate, Charlotte Maxeke shortages and Arteta signs until 2. (https://www.youtube.com/watch?v=8J3Z58VfmZI)