Cape Town:The Department of Home Affairs (DHA) has strongly criticized the spread of false information regarding the Constitutional Court's decision on July 7, 2026, involving the Scalabrini Centre of Cape Town and the processing of asylum applications.
According to South African Government News Agency, the DHA stated that a disinformation campaign has been wrongly attributing the suspension of "good cause" interviews to the Minister of Home Affairs, the department, or political parties. The department clarified that this claim is completely unfounded.
The Scalabrini Centre, which aids migrants, refugees, and local South Africans, challenged the Minister of Home Affairs over the constitutionality of certain Refugees Act provisions affecting asylum seekers. The Constitutional Court upheld the Western Cape High Court's ruling that deemed these provisions unconstitutional and invalid.
The court specifically found unconstitutional the sections of the Refugees Act that allowed for the deportation of asylum seekers without a transit visa. A transit visa permits travel to a refugee reception center to apply for asylum. The Centre, represented by Lawyers for Human Rights, argued that the Act violated the constitutional rights of asylum seekers and international non-refoulement principles.
The DHA emphasized that the Constitutional Court's judgment is binding and that the department must implement it. An operational directive has been issued to comply with the ruling, countering false claims that the judgment grants asylum seekers citizenship or legalizes foreign nationals indiscriminately.
The department has stated its commitment to uphold its constitutional duties, independent of the litigation's outcome, and plans to forward the issue to the Independent Electoral Commission under the new Code of Conduct on Countering Disinformation. This Code outlines conduct guidelines for political entities in all election-related communications, aiming to protect legitimate debate.
The DHA concluded by urging South Africans to combat disinformation by verifying facts and contributing to a more informed public discourse.