The Department of Home Affairs has rejected what it calls a coordinated disinformation campaign over changes to South Africa’s asylum application process.

The department says claims that Home Affairs Minister Leon Schreiber, the department or political parties decided to suspend so-called “good cause” interviews are false. It says the change follows a binding Constitutional Court judgment handed down in July.

Court struck down asylum barriers

The dispute stems from a case brought by the Scalabrini Centre of Cape Town challenging parts of the Refugees Act.

On 7 July, the Constitutional Court confirmed that sections 4(1)(f), 4(1)(h), 4(1)(i) and 21(1B) of the Act were unconstitutional and invalid.

The court found that procedural failures, including unlawful entry, failure to report within the prescribed period or not having an asylum transit visa, could not automatically prevent an asylum seeker from having their claim considered on its merits.

The ruling also dealt with the principle of non-refoulement, which protects asylum seekers from being returned to a country where they could face persecution or serious harm before their claim has been properly assessed.

Home Affairs says ruling is binding

Home Affairs said it opposed the court case but must comply with the Constitutional Court’s ruling.

When the judgment was delivered in July, the department said it respected the court’s authority and would study the decision before determining how to implement it.

Government later summarised the effect of the ruling as requiring Home Affairs to adjudicate asylum applications regardless of an applicant’s illegal entry or stay in South Africa.

The ruling does not automatically grant refugee status, citizenship or legal status to every person who applies. Instead, applicants must be allowed to enter the asylum process and have their claims considered.

Disinformation complaint referred to IEC

Home Affairs says it has issued an operational directive to implement the judgment and denies that the change resulted from a political decision.

The department has now referred what it describes as a disinformation campaign to the Electoral Commission of South Africa ahead of the local government elections, EWN reports.

Home Affairs maintains that the directive is simply an implementation of the Constitutional Court order rather than a change introduced independently by Schreiber or the department.