CAPE TOWN, South Africa- Law clinics across South Africa are struggling to cope as the Department of Home Affairs continues to block asylum seekers from accessing the asylum system, despite a court ruling declaring the practice unconstitutional.
Since April 2024, Refugee Reception Offices have refused to process new asylum applications unless applicants possess a valid asylum transit visa — a document that is only issued at official ports of entry and remains valid for just five days. Many asylum seekers enter the country through informal crossings or are unaware of the visa requirement, leaving them unable to apply for protection.
In May, the Western Cape High Court ruled that the “good cause” requirement, which obliges applicants without a transit visa to justify their lack of documentation, is unconstitutional. However, the judgment still awaits confirmation from the Constitutional Court, and the policy remains in force.
Law clinics and advocacy groups such as the Scalabrini Centre and Lawyers for Human Rights report being inundated with requests for assistance. “Thousands of undocumented people are being left in limbo because offices aren’t accepting new applicants,” said Shazia Sader, an attorney at the University of Cape Town’s Refugee Rights Clinic, which supports roughly 5,000 asylum seekers annually.
Between 2022 and March 2024, only 91 asylum transit visas were issued, according to a Parliamentary response from the Minister of Home Affairs. The low number underscores the near-total exclusion of asylum seekers from South Africa’s protection system.
Without an asylum seeker’s permit, individuals face arrest, detention, or deportation. Those who do obtain a permit must renew it every six months, a process that can be costly and difficult. The permit allows limited access to services such as healthcare, education, and employment, but many holders still encounter barriers when opening bank accounts or enrolling their children in schools.
Legal advocates have advised asylum seekers to carry a declaration of intent to apply for asylum, along with a 2024 court order preventing deportation. Some have resorted to bringing their own cases to court in an effort to be recognised by the system.
“Asylum seekers don’t choose this path, they flee because they have no alternative,” said Niall Marinus of the UCT Refugee Rights Clinic. “Blocking access to the system denies them basic human rights and undermines South Africa’s constitutional obligations.”
According to the United Nations High Commissioner for Refugees, South Africa hosted more than 200,000 immigrants in 2024, over half of whom were asylum seekers. Many originate from countries such as the Democratic Republic of Congo, Somalia, Burundi, South Sudan, Rwanda, and Zimbabwe.
Until the Constitutional Court confirms the High Court ruling, law clinics say they expect the number of asylum seekers excluded from legal protection to continue growing.
