A new directive issued by the Department of Home Affairs (DHA) has reopened the national debate on illegal immigration, drawing strong condemnation from civic movement March and March.
The updated policy guidelines follow a Constitutional Court ruling from July that declared portions of the Refugees Act of 1998 invalid, mandating that an applicant’s entry status cannot prevent them from seeking asylum.
The Constitutional Court held that immigration status must not be a consideration during asylum processing.
Under the new framework, immigration officials across all regional offices must assist anyone who presents themselves in person to request protection, regardless of their entry status or how they arrived in the country.
“Every refugee reception office must, with immediate effect, receive every person who reports in person and indicates an intention to apply for asylum, and must assist that person to lodge an application,” the directive reads. “No refugee reception office may operate a policy or quota that prevents persons from obtaining effective access to asylum application process,” stated the Home Affairs notice.
Furthermore, the directive mandates that officials must process individuals who were previously turned away, had biometric data captured, or were given long appointments without being permitted to lodge claims.
Officials are also required to issue appearance receipts to applicants who cannot be processed on the same day and exempt asylum seekers from needing additional transit or travel permits.
Despite opening critical pathways for displaced individuals, the directive faced swift condemnation from civic activists.
The move sparked immediate outrage from March and March leader Jacinta Ngobese-Zuma who lamented the issuing of the directive, saying that the Constitutional Court’s ruling was an “absolutely shocking” capitulation to foreign nationals.
Ngobese-Zuma slammed the ruling on social media, arguing it dismantles border enforcement. “It has basically deemed that each and every single person who walks into this country can claim to be a refugee and asylum seeker, without thinking of the implications,” Ngobese-Zuma stated on social media.
“As illegal as they are, it means that we have no need for immigration laws in this country. South Africans are being compromised in their own country. Even our documents are being bought like cakes at a market,” Ngobese-Zuma said.
@~Mbaula
