Pretoria:Minister in the Presidency, Khumbudzo Ntshavheni, has dismissed allegations that the South African government has been reactive in addressing misinformation about irregular migration, asserting that ongoing efforts are in place to fortify the country's immigration system.
According to South African Government News Agency, Ntshavheni addressed these concerns during a briefing by the Inter-Ministerial Committee (IMC) on Migration. This follows the July Constitutional Court ruling on asylum applications and the subsequent surge of individuals at Refugee Reception Offices. The IMC clarified that the ruling, which involved the Scalabrini Centre of Cape Town, does not legalize unlawful migration or guarantee automatic residency rights.
The court found certain sections of the Refugees Act unconstitutional because they were barring some individuals from the asylum system on procedural grounds. This included those who entered South Africa irregularly, lacked an asylum transit visa, or did not report to a Refugee Reception Office within the required timeframe.
Ntshavheni emphasized that misinformation has arisen from misunderstandings of the Department of Home Affairs' directives to Refugee Reception Offices following the court's decision. The government plans to review these directives to prevent further confusion.
She also highlighted the independence of the public broadcaster from government control and addressed complaints about media spreading misinformation. Ntshavheni clarified that the misinformation suggesting the situation resulted from a government decision is incorrect, stating it stems from a Constitutional Court ruling.
The Minister reiterated the government’s commitment to South Africa's constitutional obligations and legal responsibilities, while simultaneously working to protect national interests. The IMC is exploring legal avenues to address the unintended consequences of the court's decision.
Ntshavheni distinguished between economic migrants and refugees, stressing that economic hardship is not grounds for refugee status under South African law or international conventions. She noted the importance of seeking protection in the nearest safe country and mentioned neighboring countries in this context.
The government is also tackling fraudulent asylum and refugee claims. The Special Investigating Unit's findings have led to the revocation of fraudulently obtained statuses, with more revocations anticipated as investigations continue.
Ntshavheni refuted claims of government inaction since the court's judgment, noting that engagements with the Gauteng Judge President and forthcoming court proceedings are part of ongoing efforts. She emphasized that any constitutional amendments should be a last resort, urging citizens to engage constructively with Parliament over legislative concerns.
The Minister concluded by affirming the government's resolve to uphold the Constitution while safeguarding national security and interests.