Minister in the Presidency Khumbudzo Ntshavheni has said the recent Constitutional Court ruling on asylum seekers gives Home Affairs a clear chance to decide who should stay in South Africa and who should leave. Speaking at a media briefing, she warned that people who do not qualify for asylum status will be processed and removed from the country.
“If you do not qualify to be in the country in terms of asylum status, we are going to make sure we get you out of this country,” Ntshavheni said. She added that those who know they do not meet the requirements should not come and clog the system. The ruling, she explained, allows officials to check applications properly and apply the law to people who have no right to remain.
The Constitutional Court handed down its judgment in July 2026 in the case brought by the Scalabrini Centre of Cape Town. The court confirmed that certain sections of the Refugees Act are unconstitutional. These sections had stopped some asylum seekers from having their claims looked at on their merits because of procedural problems, such as failing to report to a refugee office within a set time or entering the country irregularly. The court said such barriers go against the principle that people should not be sent back to places where they face serious harm before their cases are properly assessed.
Ntshavheni stressed that the judgment does not open the door for everyone. Home Affairs will still examine each case. Those found not to qualify under asylum rules or any other legal provision will be required to leave. She said queues at centres in places such as Pretoria, Durban, Cape Town and Musina will be used to identify people who are in the country irregularly.
The Inter-Ministerial Committee on Migration has held urgent meetings to work out how the ruling should be carried out in an orderly way. Ntshavheni said the government is ready to enforce the law and has asked the public not to take matters into their own hands. Officials have also rejected claims that the court decision grants citizenship or automatic legal status to foreign nationals. They describe such statements as false and say the focus remains on following the Constitution while managing migration fairly.
The ruling has already led to increased activity at some refugee reception offices, with both applicants and concerned residents gathering outside. Government departments continue to brief the public on the practical steps that will follow.
