Overview
- The Constitutional Court ruled in July 2026 that parts of the 1998 Refugees Act are invalid and that an applicant’s immigration status cannot bar consideration of an asylum claim.
- The Department of Home Affairs signed a directive last week that began circulating on social media on Monday and requires every refugee reception office to receive any person who reports in person and indicates an intention to apply for asylum.
- The notice orders reception offices to remediate past exclusions by helping people who were previously turned away or only given appointments to lodge applications, to issue appearance receipts when applicants cannot be helped the same day, and to exempt asylum seekers from extra transit or travel permits.
- Rights groups such as the Scalabrini Centre praised the move for restoring access and rejecting pre‑emptive exclusion, while nationalist figures including Jacinta Ngobese‑Zuma have denounced the directive and raised capacity and sovereignty concerns; the department is also fighting AI‑driven disinformation about the policy and plans to refer false content to the electoral regulator.
- Practically, officials face immediate operational challenges: reception centres will need to clear backlogs, complete biometric captures and appointments that previously blocked applications, and manage likely queueing and staffing pressures that could affect both asylum seekers and public services.