March and March blames government for SA immigration crisis
DURBAN — March and March leader Jacinta Ngobese-Zuma has blamed government’s delayed response to illegal immigration for the growing tensions surrounding South Africa’s asylum system, following a Constitutional Court ruling that has brought thousands of applicants to refugee reception centres.
Ngobese-Zuma criticised authorities on Thursday, arguing that the country’s immigration challenges had been allowed to develop without sufficient intervention. Her comments follow growing opposition from anti-illegal immigration groups to the implementation of the court’s judgment.
The Constitutional Court ruled in July that asylum seekers cannot be excluded from having their applications considered simply because they entered South Africa irregularly, lacked an asylum transit visa or failed to report within prescribed timeframes.
The judgment has significant consequences for Home Affairs, which must now provide access to the asylum determination process regardless of how applicants initially entered the country. It does not, however, automatically grant refugee status or permanent residence.
The ruling has already created operational difficulties. Thousands of people have reportedly approached refugee reception centres, overwhelming officials and contributing to tensions outside Home Affairs facilities.
In Durban, anti-illegal immigration groups confronted foreign nationals waiting to submit applications, while police were forced to intervene over security concerns.
Ngobese-Zuma’s criticism comes as March and March continues to campaign for stricter immigration enforcement. The organisation’s position places responsibility on government for allowing immigration concerns to escalate before taking decisive action.
However, the Constitutional Court’s decision concerns access to a lawful asylum procedure, not an exemption from immigration controls.
Justice Minister Mmamoloko Kubayi, who chairs the Inter-Ministerial Committee on Migration, clarified on Thursday that applications must still be assessed individually and that unsuccessful applicants can face deportation once the required legal processes have been completed.
Kubayi acknowledged that the increased number of applicants had overwhelmed Home Affairs, describing the operational consequences as unintended.
Home Affairs has also warned against misinformation suggesting that the ruling amounts to an unrestricted opening of South Africa’s borders.
The immediate challenge for government is to manage the growing number of asylum applications while maintaining lawful immigration enforcement and ensuring that eligible applicants can exercise their constitutional rights.
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