The South African government is seeking legal counsel to address what it terms “unintended consequences” arising from a landmark Constitutional Court ruling in July 2026 regarding asylum seekers.

Speaking at an Inter-Ministerial Committee (IMC) on Migration briefing in Pretoria, Minister in the Presidency Khumbudzo Ntshavheni stated that while the government respects the judiciary, the Constitution must ultimately protect South Africa’s sovereignty, territorial integrity, and national safety. Ntshavheni asserted that citizens retain the right to demand constitutional amendments if they believe the country’s founding document is failing to safeguard these core principles.

The July 2026 Constitutional Court judgment declared several provisions of the Refugees Act invalid.

The apex court ruled that the state is required to assess asylum claims even when individuals enter South Africa irregularly or without documentation.

According to the government, this decision has triggered a massive influx of applicants, leaving refugee reception offices completely overwhelmed as individuals rush to access the asylum system.

IMC Chairperson Mmamoloko Kubayi sought to clarify the practical scope of the court’s decision, emphasizing that the judgment is administrative rather than a blanket approval for residency. Kubayi stressed that the ruling does not automatically grant refugee status, does not confer permanent residence and does not legalise unlawful migration.

As the executive explores its legal options, the tension between international human rights obligations and national security management remains a central focus for the IMC.

The government is expected to outline its next steps once formal legal assessments are completed.

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