‘Don’t come and clog our system’, Ntshavheni warns foreign nationals seeking refuge

Government’s immigration task team has admitted there have been unintended consequences in the wake of the Constitutional Court’s asylum seeker-related ruling.

The interministerial committee (IMC) on migration responded to this week’s fresh wave of anti-illegal immigration sentiment by attempting to quell the belief that the ruling granted unlimited access to asylum seekers.

The Constitutional Court ruled in July that refugees and asylum seekers must be given the opportunity to access processing centres, regardless of whether they entered South Africa illegally.

Chaired by Justice and Constitutional Development Minister Mmamoloko Kubayi, the IMC stressed that the ruling did not grant undocumented foreign nationals special rights, but guaranteed fair access to the asylum application process.

“Applications that are fraudulent, abusive or do not meet the requirements of the Refugees Act will still be rejected through the established legal process,” said Kubayi.

Clarity on asylum ruling

The minister stressed government’s commitment to the Constitution, the Bill of Rights and South Africans, while admitting there were “unintended consequences” of the Scalabrini ruling.

The minister said refugee offices had been overwhelmed by asylum applicants and that there had been a “misunderstanding”, exacerbated by a recent Home Affairs directive.

The directive, signed on 29 September and implemented in response to the Constitutional Court ruling, instructed refugee centres to cater for anyone wishing to apply for asylum status.

“The judgement does not grant refugee status or permanent residence automatically to anyone who enters South Africa, nor does it legalise unlawful migration; it simply requires that individuals claiming asylum be allowed access to the asylum determination process,” said Kubayi.

She added that Home Affairs offices would not be overrun, as refugees were processed at five dedicated locations, with the rest of Home Affairs’ services provided at separate locations.

As a result, Kubayi asked those planning blockades and disruptions to please not disrupt Home Affairs offices.

‘Demand the amendment of that constitution’

IMC member Khumbudzo Ntshavheni reminded the public that the judiciary and the executive were independent arms of the state that worked together to protect South Africans.

The minister in the Presidency said the executive was obligated to comply with Constitutional Court rulings, but asked the public to use the ongoing National Dialogue platform to discuss where the constitution could be improved.

“The judiciary looks after the constitution, but we have always maintained the constitution of South Africa must always prioritise South Africans.

‘If the constitution of South Africa does not prioritise South Africans, South Africans have a right to demand the amendment of that constitution to protect themselves and their own sovereignty,” said Ntshavheni.

She explained that fighting illegal immigration was the IMC’s purpose and that it was aligned with some of the sentiment expressed by protesters on the ground.

“As government, we are anti-illegal immigration. So, let’s be very clear, we want people to come into the country legally so.

“And those ones who come in irregularly because they want to seek refuge in South Africa, then there is a process to facilitate them.

The minister added that the number of foreign nationals queueing for applications this week showed there were still many undocumented foreign nationals in the country.

“We need to send a clear message to those who are wanting to apply for asylum in the country, that if you know that you do not qualify, don’t come and clog our system,” she said.

‘It takes long’

To mitigate the effects of the ruling, Kubayi said the IMC had already approved the moving of refugee reception centres to areas closer to the border so as to negate the need for applicants to travel far inland.

However, the moving of the refugee reception centres would be done in a phased manner, only beginning in December.

The minister reminded the public that the IMC had short-, medium-, and long-term goals, and that President Cyril Ramaphosa had instructed her to find ways to streamline law-making.

“This work requires patience from our citizens so they are travelling with us in this journey; they allow us to meet these targets, reflect with us as we travel on this journey, but understanding that this is not an overnight work.

“Yes, it’s good to say let’s do public participation because we don’t want the state to have unlimited powers to make legislation, but it has unintended consequences; it takes long.

“You don’t take less than two years to change the law in this country. That’s the problem,” Kubayi said.