South Africa Constitutional Court: Asylum Transit Visa Requirement Clarified

• A recent South Africa Constitutional Court judgment on asylum seekers sparked protests in Durban and Soweto.
• The unrest was fueled by a disinformation campaign falsely claiming asylum seekers received residency or voting rights.
• In February 2026, the Scalabrini Centre and Lawyers for Human Rights challenged the Department of Home Affairs over asylum application procedures.
• A 2020 amendment to the Refugee Act requires asylum seekers to obtain a transit visa at a port of entry.
• This transit visa allows five days to reach one of South Africa's five Refugee Reception Offices to lodge an application.

This volatile situation underscores a broader crisis where systemic issues within the asylum process prevent genuine applicants from accessing necessary protection.

A recent procedural judgment from the South Africa Constitutional Court concerning asylum seekers ignited public unrest last week, leading to protests and riots in Durban and Soweto. This outbreak of xenophobic violence was significantly exacerbated by a deliberate disinformation campaign. Entities such as March and March, among others, propagated false claims, asserting that a Department of Home Affairs (DHA) directive had granted asylum seekers either residency, citizenship, or voting rights, none of which were true. This volatile situation underscores a broader crisis where systemic issues within the asylum process prevent genuine applicants from accessing necessary protection.

The controversy highlights deep-seated problems, including the closure of various refugee offices and the imposition of significant procedural barriers. These obstacles, coupled with the Department of Home Affairs' operational shortcomings, have collectively created an environment where individuals legitimately seeking refuge are unable to formally lodge their applications. The public reaction, fueled by misinformation, demonstrates the high stakes and misunderstanding surrounding asylum policies in the country.

The roots of the current procedural challenges can be traced back to a 2020 amendment to the Refugee Act South Africa, which introduced new requirements for asylum seekers. This legislative change mandates that individuals seeking asylum must first obtain a specific transit visa at a designated port of entry. The purpose of this South Africa Constitutional Court asylum transit visa is to facilitate their journey to one of the nation's five designated Refugee Reception Offices (RROs) located in Musina, Pretoria, Durban, Gqeberha, and Cape Town.

This transit visa grants asylum seekers a strict five-day window to travel to and gain admission at one of these South Africa Refugee Reception Offices to formally lodge their asylum application. The Department of Home Affairs (DHA) has been implementing these stringent requirements since 2024. In response to these procedural impediments, the Scalabrini Centre of Cape Town and Lawyers for Human Rights initiated a DHA asylum seeker procedural challenge in February 2026, taking the Department of Home Affairs to court to contest these barriers.

The implementation of the transit visa policy by the Department of Home Affairs has effectively created significant hurdles for asylum seekers. Since 2024, the DHA has disqualified individuals who arrive without the required asylum transit visa. Furthermore, even those who possess a transit visa face disqualification if they fail to reach and be admitted into a Refugee Reception Office within the stipulated five-day period. The source also indicates other unspecified grounds for disqualification.

These strict conditions, arising from the 2020 amendment to the Refugee Act South Africa and its subsequent enforcement, contribute to the ongoing asylum crisis. The procedural barriers, which were the subject of the legal action by the Scalabrini Centre and Lawyers for Human Rights, mean that many legitimate applicants are unable to navigate the system to seek the protection they are entitled to. This situation underscores the critical need for clarity and accessibility in the asylum application process.

Lawyers advising asylum seekers must closely monitor the Department of Home Affairs' implementation of transit visa requirements and the five-day RRO access rule, particularly in light of the recent Constitutional Court judgment, to ensure clients navigate these procedural impediments effectively and understand their rights amidst ongoing legal challenges.

Source: Original reporting via Daily Maverick