The Constitutional Court ruled that SA’s asylum system must reopen to new applicants.
The Department of Home Affairs subsequently directed Refugee Reception Offices to accept applications from everyone seeking asylum, including people who entered SA without a visa.
Progressive Forces of SA (PFSA) Representative Bonang Sepoloane said the organisation was concerned that aspects of the ruling and Home Affairs directive could conflict with existing immigration controls. “Our major concern is that part of the ruling, including the directive from the Home Affairs Director-General to asylum and refugee centres, is overriding some of the existing immigration laws,” Sepoloane said.
Sepoloane said the judgment appeared to prioritise asylum seekers without sufficiently considering potential consequences for SA citizens. “They only looked at the interests of refugees and asylum seekers. They didn’t look at the impact that this brings to us as SA citizens,” Sepoloane said.
PFSA also questioned provisions preventing officials from rejecting applications solely because applicants lacked passports or had not entered the country through authorised border posts.
Sepoloane argued that the ruling could undermine proposals South Africans had submitted during consultations on immigration reforms before Parliament considered the changes.
The organisation also warned that accepting more applications could place additional pressure on schools, clinics, hospitals and social services.
Sepoloane cited overcrowded classrooms, shortages of medicines and long waiting lists for treatment as examples of existing pressure on public institutions.
PFSA further raised concerns about the financial implications for taxpayers. Claims concerning eligibility for social grants were presented by Sepoloane and were not independently established in the interview.
PFSA plans to explore whether the judgment can still be challenged or reviewed. “We do want to challenge the ruling if there is a window for that,” Sepoloane said.
Sepoloane said organisations campaigning on immigration planned to approach Chief Justice Mandisa Maya to present concerns and seek guidance on the legal options available.
The organisation became aware of the judgment after the 15-day period referred to by Sepoloane as the window for an appeal had passed.
PFSA said the organisation would continue seeking legal advice while Home Affairs implemented the Constitutional Court’s order.
–ChannelAfrica–
