The government has come out to quell rising tensions over giving illegal foreigners asylum status following a controversial judgment of the constitutional court three months ago.
This week, foreigners from various countries in the world, including Pakistan and Bangladesh, flooded refugee reception centres in Gauteng and KZN, which sparked nationwide outrage from social media platforms, with South African citizens claiming the country was being invaded in broad daylight.
The Inter-ministerial Task Team (IMC) on Migration has moved to calm the situation, blaming the constitutional court decision and the directive by home affairs for foreign national seeking asylum status to approach refugee receptions for having “unintended consequences”.
IMC chairperson, Minister of Justice Mmamoloko Kubayi, said government understood the panic by ordinary South Africans but called for calm and a deep understanding of what the court judgment entails.
Unnecessary panic
“We respect the constitutional court judgment but are, however, concerned about the unintended consequences of this judgment, and we would like to take this opportunity to bring South Africans into confidence about our current position on the matter and the proposed interventions to alleviate these unintended consequences,” said Kubayi during a media briefing on Thursday.
“Following this judgment, Home Affairs issued its directives about this judgment to refugee centres around the country. It is our analysis that this judgment and the directives had unintended consequences due to misunderstanding and operational difficulties.
“There was a confusion in the public domain that this judgment was issued this week. It was issued in July. Others, it’s misinformation; others, it is when they learnt about the directives from Home Affairs. We want to say at the IMC that we understand the concerns of the citizens.”
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Kubayi said the home affairs directive for foreigners to approach their nearest refugee reception centre worsened the panic.
South Africans waking up to unprecedented long queues at these centres was the final nail in the coffin, she said, which also invited people with political motives to exploit the situation.
Kubayi said there was genuine misunderstanding of what the court ruling directs, while there were forces using this confusion to fuel division.
“The Concourt judgment declared the second provision of the Refugees Act unconstitutional because it prevented some individuals from accessing the asylum-seeking system solemnly on procedural grounds, including where a person entered the country irregularly, did not possess an asylum transit visa or failed to report to the refugee reception office in a prescribed period.
“The Concourt found that these procedural barriers could result in asylum seekers being excluded from the asylum process without their claims being properly assessed on merit.”
However, said Kubayi, the judgment is not a free pass for all illegal foreigners to be given asylum status even when they do not deserve it.
Consequently, she continued, the government would act harshly on foreign nationals who have intentions of “abusing” the window for nefarious reasons.
Asylum window not opening floodgates
“Applications that are fraudulent, abusive and unfounded or do not meet the requirement of the refugees Act will still be rejected in terms of the established legal process. The decision of the Concourt does not confer new rights on asylum seekers, as many on social media falsely claim.”
Kubayi cautioned against fake news peddlers who claim that illegal foreigners have taken over various branches of the department of home affairs and are being prioritised ahead of South Africans.
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She said only five refugee reception centres existed in the Republic and only those were processing the asylum applications, while the rest of home affairs branches are serving South Africans as usual.
Furthermore, said Kubayi, the apex court judgment does not mean an end to government’s commitment to its comprehensive five-point plan for the management of migration.
The five-point plan includes the strengthening of border management and prevention of illegal border crossing, the enhancement of law enforcement against criminal syndicates involved in human trafficking and document fraud, and the improvement of migration management systems and documentation processes.
It also focused on accelerating the deportation of individuals who have exhausted legal remedies and do not qualify to remain in South Africa and promoting social cohesion, community stability and lawful migration practices while combating misinformation and vigilantism.
“It will take all of us to work together to build a better country for future generations. If we work in silos, against each other as citizens, we will weaken ourselves where it can be easy for the enemy of the Republic to penetrate and destroy our country. Many of us have no other home or country but our beloved South Africa,” said Kubayi.
“Therefore, let us be cautious about what we do because sometimes certain actions, though with good intentions, can have disastrous unintended consequences.”
In Durban, South Africans have shut down the refugee reception centre claiming it has opened the floodgates for illegal migrants to regularise their stay in the country via the backdoor.
- The Constitutional Court ruling in July declared the second provision of the Refugees Act unconstitutional, removing certain procedural barriers for asylum seekers entering South Africa irregularly or without proper documentation.
- The directive from the Department of Home Affairs requiring foreign nationals to approach refugee reception centres has caused confusion and long queues, leading to public panic and social media outrage.
- Minister of Justice Mmamoloko Kubayi emphasized that the ruling does not grant automatic asylum to illegal foreigners and that fraudulent or unfounded asylum claims will still be rejected.
- Only five refugee reception centres in South Africa are processing asylum applications, with other branches of the Department of Home Affairs continuing to serve South African citizens.
- The government reaffirmed its commitment to a five-point migration management plan, including border control, combating human trafficking, improving documentation processes, deportations, and promoting social cohesion.
