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The Inter-Ministerial Committee (IMC) on Migration will now turn to the Constitutional Court to seek a supervisory order that will guide its implementation of the apex court's ruling on fair access to the refugee system.
In addition, a parallel process will unfold at the Gauteng High Court, which is set—at the end of October—to establish legal certainty on how to approach asylum seekers who are detained and express an intention to apply: must they be released, or must the application process be facilitated from within the detention center?
This, as protests over undocumented immigration continue to grow in parts of the country.
SABC News senior reporter Canny Maphanga joins us for an update.
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<br>Secondly, the Constitutional Court, which was established by the Constitution, is an enigma to most people. It is an irony that a group of judges sits at the ConCourt, deliberates, and comes up with rulings based on a Constitution that people cannot relate to; this is also another problem. The South African Constitution, in reality, is for the elite, most of whom are completely out of touch with the reality in the townships.
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<br>On the recent immigration issue, the ConCourt declared sections of the Refugees Act unconstitutional, ruling that migrants cannot be automatically barred from applying for asylum due to procedural violations—such as entering through an unofficial border post, lacking a transit visa, or missing the five-day deadline to report to an immigration office. The court found these administrative blocks violated the constitutional right to dignity and the international principle of non-refoulement, which protects individuals from being sent back to countries where they face persecution.
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<br>What sections of the Refugees Act are these? <b>Section 4(1)(f) - Travel Documents; Section 4(1)(h) - Unofficial Border Entry; Section 4(1)(i) - Five-Day Reporting Deadline; and Section 21(1B) - Lack of Asylum Transit Visa.</b>
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<br>These sections are meant to regulate the handling of asylum seekers. The ConCourt said they are invalid, meaning that any person who wants to enter South Africa and does not comply with any of these sections can no longer be summarily barred, and their asylum application must be entertained. These sections are not unreasonable. And this is the sentiment of most people who live in the townships. The ConCourt effectively says that those people must be accommodated and listened to regardless of whether they comply with any of the above sections. This is where it then becomes problematic. The people who are affected the most by the presence of these "asylum seekers" are the people who live in townships.
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<br>The explosive cocktail we have here is a combination of a number of things: a population that is not familiar with the country’s Constitution, nor recognizes the significance and relevance of the ConCourt in their lives. The real danger is that the Constitution and the ConCourt will become (if they have not already) irrelevant and will lack legitimacy in the lives of the majority population —and that is a source of concern.