Minister in the Presidency Khumbudzo Ntshavheni says South Africans have the right to demand amendments to the Constitution if they believe it does not adequately protect their interests and sovereignty.
Speaking during a government briefing on migration on Thursday, Ntshavheni said the Constitution must prioritise South Africans and that citizens could call for changes if they believed it was failing to do so.
“The judiciary looks after the Constitution, but we have always maintained the Constitution of South Africa must always prioritise South Africans.”
She added that South Africans had the right to demand amendments to protect their interests and sovereignty.
Her remarks come amid public debate following a Constitutional Court judgment on access to South Africa’s asylum application process.
The July 2026 judgment found certain provisions of the Refugees Act unconstitutional because they prevented some people from accessing the asylum system on procedural grounds, including irregular entry into the country or failure to meet prescribed reporting deadlines.
The ruling does not automatically grant refugee status or legal residence to foreign nationals. It requires that asylum claims be considered through the legal process.
The government says it is assessing how to respond to the judgment’s implementation challenges while respecting the Constitutional Court’s decision.
Ntshavheni also encouraged public discussion through the National Dialogue about possible constitutional changes. Any amendment would still have to follow the procedures and voting thresholds set out in the Constitution.
