The Department of Home Affairs has rejected claims that South Africa has introduced a blanket process to legalise asylum seekers or foreign nationals, saying the changes currently being implemented are the result of a binding Constitutional Court judgment.
In a statement on Wednesday, ministerial spokesperson Carli van Wyk said the department was concerned about what it described as a coordinated disinformation campaign surrounding the Constitutional Court’s 7 July 2026 judgment in the Scalabrini Centre of Cape Town matter.
The department said it had opposed the case in court and was now constitutionally required to implement the judgment.
“This is categorically false. The Constitutional Court handed down a binding judgment, which the Department is constitutionally obliged to implement.”
Home Affairs said its subsequent operational directive was issued solely to give effect to the court order and was not a decision initiated by the minister, the department or political parties.
The department specifically rejected claims that the judgment automatically gives asylum seekers South African citizenship or amounts to the blanket legalisation of foreign nationals.
“Claims that this judgment by the Constitutional Court grants asylum seekers citizenship or provides for the blanket legalisation of foreign nationals are also categorically false.”
The Constitutional Court judgment declared several provisions of the Refugees Act unconstitutional and invalid. Among other things, the judgment removed certain procedural barriers that had prevented people from having asylum applications considered because of the manner or timing of their entry into South Africa.
However, the judgment does not automatically confer refugee status or citizenship on people who apply for asylum. It concerns access to the asylum application process and the consideration of claims.
Home Affairs said it would refer what it described as the disinformation campaign to the Independent Electoral Commission for consideration under the newly published Code of Conduct on Countering Disinformation.
The department also warned against information it says is intended to inflame tensions or encourage violence.
“Respect for binding court judgments is fundamental to the rule of law and our constitutional democracy.”
The statement comes amid growing public debate and protests over the reopening of South Africa’s asylum application system following the Constitutional Court ruling.
