HOME AFFAIRS COMMITTEE CONCERNED ABOUT ABUSE OF LITIGATION IN ASYLUM AND REFUGEE APPLICATIONS
The Portfolio Committee on Home Affairs has expressed deep concern over the high number of asylum seekers and refugee applicants instituting litigation against the Department of Home Affairs (DHA).
The committee warned that the abuse of judicial processes undermines the integrity and efficiency of the asylum system.
On Tuesday, the committee held an engagement with the DHA and the Refugee Appeals Authority of South Africa (RAASA) to discuss measures to eradicate the backlog of asylum seeker and refugee applications.
Committee Chairperson Mosa Chabane stated that while the committee fully acknowledges that South Africa’s Constitution guarantees the right to judicial review, there is growing concern that litigation processes are increasingly being exploited to prolong unlawful stays in the country.
“The committee subscribes to the principle of fair and lawful adjudication of asylum and refugee applications. However, the abuse of the system through prolonged litigation undermines the entire asylum framework and significantly delays the processing of genuine applications,” said Chabane.
Chabane revealed that the committee was informed that RAASA was served with 2,733 judicial review applications during the reporting period. As part of efforts to address this challenge, the committee has urged the DHA to engage with the Department of Justice and Constitutional Development and the judiciary to establish specialised courts dedicated to asylum and refugee-related judicial appeals.
“The committee notes previous engagements with the judiciary but believes these discussions must be revisited to expedite the adjudication and review processes. To ease the burden on the courts, the committee supports the proposal that retired judges be appointed to preside over these specialised courts,” Chabane said.
The committee also expressed concern over the prevalence of double applications lodged simultaneously through both the immigration and the asylum or refugee systems.
Members highlighted weaknesses in the DHA’s fragmented systems, which currently fail to adequately detect and prevent duplicate applications across different regimes.
Consequently, Chabane stated that the committee has urged the department to strengthen and integrate its systems to improve detection and prevention efforts.
Furthermore, the committee raised concerns over the absence of an effective track-and-trace mechanism after applications are withdrawn, or when applicants fail to appear for adjudication processes. Chabane reiterated the committee’s longstanding concern regarding the severe under-resourcing of the DHA Inspectorate Unit, which hampers the effective enforcement of immigration regulations.
The committee called on the department to properly capacitate the Inspectorate Unit to enhance its monitoring, tracking, and enforcement functions.
While the committee acknowledged RAASA’s efforts to reduce the backlog of outstanding cases and encouraged the Authority to sustain its current trajectory, it noted that challenges remain. Given the complexity of the issues within the asylum and refugee environment, the committee resolved to convene an additional engagement to undertake a more comprehensive analysis of the system and its shortcomings.
The committee also emphasised the urgent need to finalise the review of the White Paper on Citizenship, Immigration and Refugee Protection.
“The challenges confronting the asylum and immigration environment underscore the need to expedite the review of the White Paper to ensure legislative and policy gaps are closed, and that the framework remains responsive to current realities,” Chabane emphasised. Meanwhile, the committee welcomed the DHA’s overall performance in the fourth quarter of the previous financial year but expressed concern over missed targets, particularly those relating to the department’s digital transformation agenda.”The department presented several critical targets aimed at modernising and transforming its operations. However, delays in implementing projects, such as integrated delivery methods and the digitisation of paper-based records, continue to undermine progress. The committee has urged the department to adopt targeted forecasting and implementation measures to ensure these projects are completed,” Chabane concluded.
