The Inter-Ministerial Committee on Migration held an urgent meeting last night following the recent Constitutional Court judgment on asylum seekers and the Refugees Act, effectively reopening South Africa’s asylum system to new applicants.
The IMC says it is aware of the panic and confusion, but has urged South Africans to remain calm and avoid speculation or misinformation.
Deputy Government Spokesperson William Baloyi says the chairperson of the IMC, Minister Mmamoloko Kubayi, will brief the nation on the outcomes of last night’s meeting at nine o’clock this morning.
Baloyi says, “I can assure you that the IMC deliberated at length on this matter and today at nine o’clock, the chairperson of the IMC, Mmamoloko Kubayi, will chair the briefing that will be attended by IMC ministers. That includes the Minister in the Presidency, Minister Ntshavheni, Minister Professor Kachalia, Minister Shreiber and all the other ministers of the IMC. So they will then be clarifying all sorts of the parts according to the relevant departments.”
Kubayi says government is treating the matter with utmost urgency. The IMC hosted the meeting with departments, legal experts and stakeholders to consider the implications of the ruling. Government says it remains committed to protecting the integrity of the immigration system and upholding the rule of law.
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Baloyi has cautioned the public to be aware of what he describes as a coordinated disinformation campaign surrounding the Constitutional Court judgment, which was issued on 7 July 2026. He says the matter arose when the Department of Home Affairs was implementing the instructions of the court in what has come to be known as the Scalabrini judgment.
He says incorrect claims have spread suggesting that the judgment and the department’s response mean all undocumented people immediately qualify for documentation, including asylum documents. Baloyi says this has led to further false claims about access to permanent employment, voting rights and social grants.
Baloyi says government remains committed to maintaining the integrity of the migration system, guided by the president’s five-point plan, and that there is no change in that position.
He says the question of whether the judgment will require an overhaul of the white paper on migration, or a legislative amendment in parliament, is among the matters to be addressed at the briefing. He notes that there have been several other judgments on the matter, including a moratorium issued by the Judge President of the Gauteng division on some asylum-related cases, pending a hearing of the Constitutional Court judgment by a full bench.
Baloyi says government does not interfere with the judiciary, but must implement judgments once they are issued.
