South Africa’s five refugee reception centres are struggling to manage an increase in asylum applications following a Constitutional Court ruling that changed how foreign nationals can access the asylum process.
The Inter-Ministerial Committee on Migration (IMC) confirmed on Thursday, 8 October 2026, that Home Affairs facilities had been overwhelmed by the number of people seeking assistance.
According to the government’s official statement, the ruling and subsequent Home Affairs directives have created operational difficulties, prompting authorities to review how applications are handled.
Court Ruling Triggers Increased Demand
The Constitutional Court ruled on 7 July 2026 that certain provisions of the Refugees Act were unconstitutional.
The judgment removed procedural barriers that prevented some individuals from applying for asylum because they entered South Africa unlawfully or lacked specific documentation.
Following the ruling, Home Affairs instructed refugee reception centres to accept applications in accordance with the court’s decision.
Justice Minister Mmamoloko Kubayi acknowledged that the changes had placed pressure on facilities that were not prepared for the increased demand.
The affected centres are in Gqeberha, eThekwini, Epping, Tshwane and Musina.
Government Clarifies Asylum Requirements
The government has rejected claims that the ruling automatically grants foreign nationals refugee status or permanent residence.
Kubayi explained that applicants must still undergo the formal refugee determination process.
Applications that fail to meet legal requirements, including fraudulent or unfounded claims, can still be rejected.
The Department of Home Affairs also confirmed on 7 October that implementing the Constitutional Court judgment was a legal obligation, rather than a policy decision made independently by the department.
Authorities warned against misinformation surrounding the ruling and its implications for immigration enforcement.
Authorities Move to Address Overcrowding
The IMC has announced measures to strengthen asylum processing and improve security checks.
These include expanding administrative capacity, improving biometric verification and accelerating decisions on applications.
The government is also considering extending Special Investigating Unit investigations to refugee reception centres to address fraudulent asylum documentation.
Meanwhile, officials have assured South Africans that ordinary Home Affairs services remain available.
The increased demand is concentrated at the country’s five designated refugee reception centres, rather than all Home Affairs branches.
The government maintains that it will continue implementing the court ruling while addressing pressure on immigration facilities.