Kubayi says asylum ruling does not legalise unlawful migration as refugee offices shift to the border

Refugee Reception Offices will begin moving from inland areas towards South Africa’s borders in December, the Inter-Ministerial Committee on Migration said on Thursday, as it set out how government intends to handle the pressure the Constitutional Court’s asylum judgment has placed on the system.

Briefing media in Pretoria, IMC chairperson and Minister of Justice and Constitutional Development Mmamoloko Kubayi said the committee met urgently on Wednesday night to assess the operational impact of the judgment after Refugee Reception Offices recorded a significant increase in people seeking to lodge asylum applications.

The IMC is working with the Department of Home Affairs, the Border Management Authority, law enforcement agencies and other departments on the response.

The judgment, handed down in July in the matter of the Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others, declared certain provisions of the Refugees Act unconstitutional because they prevented some people from accessing the asylum system on procedural grounds alone.

Those affected included people who had entered South Africa irregularly, people who did not hold an asylum transit visa, and people who failed to report to a Refugee Reception Office within the prescribed period. The Court found that such barriers could exclude people from the asylum process before their claims had been properly assessed.

The IMC said the ruling must not be read as legalising unlawful migration or as giving anyone an automatic right to remain in the country.

“Our coordinated response includes continuing to enforce immigration laws against persons who do not qualify for protection under South African law. We further reiterate that abuse of our systems will not be tolerated by the State,” Kubayi said.

The response covers strengthening refugee processing capacity and administrative systems, enhancing identity verification and biometric screening, accelerating the adjudication of asylum applications, and improving information sharing between migration, security and law enforcement agencies. Government will also intensify efforts to identify fraud and abuse within the asylum system.

The committee said it would recommend that President Cyril Ramaphosa extend the Special Investigating Unit proclamation to cover all Refugee Reception Offices, with the aim of investigating and addressing the fraudulent issuing of asylum status.

On the legal front, the IMC said it is engaging legal teams to consolidate existing court judgments on migration, assess their implications and advise government on implementation. The team will weigh options available to the State, including precedents for situations where significant time and resources are required to implement court orders, and is coordinating government’s response to directives issued by the Gauteng Judge President after two contradictory judgments from divisions in the province.

The phased relocation of Refugee Reception Offices is intended to allow asylum applications to be processed closer to points of entry. Under the plan, people whose applications are rejected could be turned back at ports of entry, while those whose applications are approved would proceed into the Republic. Home Affairs has already begun the legislative drafting process following the review of migration policy, including legislation governing the granting of refugee status.

The IMC stressed that the judgment has not changed government’s broader Five-Point Plan for managing migration. That plan covers strengthening border management and preventing illegal border crossings, tackling criminal syndicates involved in human smuggling, trafficking and document fraud, improving migration management and documentation systems, accelerating the deportation of people who have exhausted their legal remedies and do not qualify to remain, and promoting social cohesion and lawful migration practices.

“These measures remain central to government’s efforts to ensure safe, secure and orderly migration,” the IMC chairperson said.

The committee also reiterated that Cabinet has approved a phased border infrastructure plan aimed at strengthening the country’s borders and preventing the illegal movement of people and goods.

The IMC raised concern about misinformation and disinformation around the judgment, saying it could fuel social tensions and undermine confidence in government institutions, and urged South Africans to verify information through official government channels rather than social media posts, fabricated content and sensational claims.

It welcomed a request from Operation Dudula leadership for engagement and said a meeting would take place on Thursday. The committee warned against vigilantism and discrimination and urged cooperation between citizens and government on migration challenges.

“At this important moment, it is essential that all sectors of society uphold the Constitution, respect the independence of the judiciary and reject any attempt to incite hostility, violence, vigilantism, or discrimination,” Kubayi said.

The IMC said the country’s migration challenges require cooperation across national, provincial and local government as well as with social partners and communities, and that the system must balance border security, lawful migration and the protection of people who genuinely qualify for asylum while ensuring the laws are enforced.

The committee is scheduled to hold its regular meeting next week, followed by a media briefing on progress towards implementing the Five-Point Plan.

Source: SAnews (South African Government News Agency), IMC outlines measures to strengthen asylum system, border management