The Inter-Ministerial Committee (IMC) on Migration has outlined a series of measures to strengthen South Africa’s asylum system and broader migration management following the Constitutional Court judgment that expanded access to the asylum determination process.
The measures follow an urgent IMC meeting on Wednesday night to assess the operational impact of the judgment, after Refugee Reception Offices experienced a significant increase in people seeking to lodge asylum applications.
Briefing media in Pretoria on Thursday, IMC Chairperson and Minister of Justice and Constitutional Development, Mmamoloko Kubayi, said the IMC is working with the Department of Home Affairs, Border Management Authority, law enforcement agencies and other departments to address the immediate pressure on the asylum system.
The IMC said the Constitutional Court judgment, handed down in July in the matter of the Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others, must not be interpreted as legalising unlawful migration or giving people an automatic right to remain in the country.
The Court declared certain provisions of the Refugees Act unconstitutional because they prevented some people from accessing the asylum system solely on procedural grounds. These included people who had entered South Africa irregularly, did not possess an asylum transit visa or failed to report to a Refugee Reception Office within the prescribed period.
The Court found that such procedural barriers could result in people being excluded from the asylum process before their claims were properly assessed.
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The response includes 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.
“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.
SIU investigation to be extended to refugee centres
The IMC said it would recommend that President Cyril Ramaphosa extend the Special Investigating Unit (SIU) proclamation to include all Refugee Reception Offices, with the aim being to investigate and address the fraudulent issuing of asylum status.
The committee said it is also engaging legal teams to consolidate existing court judgments relating to migration, assess their implications, and advise government on implementation.
The legal team will consider options available to the State, including precedents for dealing with situations where significant time and resources are required to implement court judgments.
The legal team is also coordinating government’s response to directives issued by the Gauteng Judge President following two contradictory judgments from divisions in the province.
Refugee centres to move closer to borders
The IMC reiterated its plan to move Refugee Reception Offices from inland areas towards South Africa’s borders. The phased relocation is expected to start in December.
The committee said this would allow asylum applications to be processed closer to points of entry, with people whose applications are rejected able to be turned back at ports of entry, while those whose applications are approved can proceed into the Republic.
The move forms part of government’s broader review of migration policies and legislation. Home Affairs has already begun the legislative drafting process following the review of migration policy, including legislation governing the granting of refugee status.
Five-Point Plan remains in force
The IMC stressed that the Constitutional Court judgment has not changed government’s broader Five-Point Plan for managing migration.
The plan focuses on 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 in South Africa, 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 IMC also reiterated that Cabinet had approved a phased border infrastructure plan aimed at strengthening the country’s borders and preventing the illegal movement of people and goods.
Warning against misinformation and vigilantism
The committee expressed concern about misinformation and disinformation surrounding the Constitutional Court judgment, saying this could fuel social tensions and undermine confidence in government institutions.
It urged South Africans to verify information through official Government channels rather than social media posts, fabricated content and sensational claims.
The IMC also 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, while urging cooperation between citizens and Government in addressing 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 South Africa’s migration challenges required cooperation across national, provincial and local government, as well as with social partners and communities.
IMC to report on migration plan
The committee said it would continue with its immediate, medium-term and long-term tasks until the objectives assigned to it by the President are achieved.
The IMC is scheduled to hold its regular meeting next week, followed by a media briefing on progress towards implementing the Five-Point Plan.
The committee said South Africa’s migration system must balance border security, lawful migration and the protection of people who genuinely qualify for asylum, while ensuring that the country’s laws are enforced. – SAnews.gov.za
