The African Christian Democratic Party (ACDP) has noted Friday’s media briefing by the Inter-Ministerial Committee on Migration and the Department of Home Affairs regarding the implementation of the Constitutional Court judgment on asylum seekers, as well as the public reaction that has followed.
The judgment has without doubt led to a sharp increase in asylum applications, placing a significant amount of pressure on our country’s refugee reception offices and administrative systems. As a result, the Department has correctly decided to withdraw its operational directive whilst considering a more sustainable approach to complying with the court order.
ACDP Member of Parliament Steve Swart says that the debate around asylum seekers should be approached with wisdom, responsibility and commitment to the Constitution and the rule of law, rather than fear, misinformation or political opportunism.
“The ACDP recognises the legitimate concerns of South Africans regarding border management, national security and the capacity of government departments to process asylum applications effectively. At the same time, South Africa is bound by its Constitution and international obligations to ensure that those fleeing persecution are afforded due process and an opportunity to have their claims properly assessed.
“We welcome government’s clarification that the Constitutional Court ruling does not automatically grant refugee status, permanent residence or legalise unlawful migration. Rather, it requires that persons seeking asylum be given access to the asylum determination process in accordance with the law. Applications found to be fraudulent, abusive or without merit still need to be rejected and those applicants deported without delay.
“Recent scenes at refugee reception offices and the tensions that have followed demonstrate the urgent need for our government to strengthen administrative capacity, improve biometric verification systems, combat fraud and accelerate decision-making in asylum cases. The recent chaos and long queues at Home Affairs offices prove that an open door without functional processing infrastructure invites administrative failure, hurting both citizens and vulnerable migrants.
“We expect government to ensure that immigration laws are properly enforced and that genuine asylum seekers are distinguished from those seeking to abuse the system. In this regard, we are fully aware of the allegations of fraud and corruption in the immigration system, which includes asylum applications. This must be eradicated to uphold the rule of law and maintain public confidence in the integrity of our immigration system, which is at an all-time low resulting in widespread protests.
“We recognise legitimate concerns of South Africans regarding illegal immigration and the sudden high number of asylum seekers as evident from long queues at Home Affairs Offices. The ACDP rejects xenophobia and intimidation directed at legitimate asylum seekers seeking access to legal processes and strongly condemns acts of violence, looting and destruction that have engulfed parts of Soweto and eThekwini. At the same time, citizens have also complained about the impact of illegal immigrants on employment, and the strain on public services, including health and education.
“These facts that must also be considered when considering our immigration system as a whole, including how to implement asylum applications effectively following the Constitutional Court decision.
“We further call on government to provide Parliament and the public with a clear plan on how it intends to implement the Constitutional Court judgment, manage the operational consequences identified by Home Affairs, and safeguard national security while protecting human rights. This must be in-line with President Ramaphosa’s Five-Point Plan on Migration Management, which emphases an anti-illegal immigration policy with the tracking and deportation of illegal immigrants. In this regard, the ACDP insists that failed asylum applicants do not have an endless cycle of repeat applications—once rejected, they must leave the country immediately.
“Lastly, security assessments have showed that South Africa is increasingly becoming a logistical gateway facilitating illicit funding and the recruitment of extremist jihadist cells operating across the Southern African Development Community (SADC). This has resulted in the tightening of money laundering and terrorism funding laws in the country. To further counteract this threat, the ACDP calls on the department of home affairs to implement enhanced identity verification and multi-agency intelligence sharing to screen applicants thoroughly.”
“The challenge before us is not a choice between security and compassion. South Africa must demonstrate that it can uphold both. A lawful, efficient and humane asylum system serves the interests of citizens, genuine refugees and the rule of law alike,” Swart added.
The ACDP will carefully monitor developments and engage the appropriate avenues constructively to ensure that our immigration and asylum policies remain constitutional, practical and just.
