Jacinta to open a case against an ANCYL member
DURBAN: An African National Congress Youth League member in the North West is facing scrutiny after allegedly making social post calling for people to rape and kill activist and co_ founder of March and March Movement Jacinta Mangobese Zuma, who plans to open a criminal case against him at Durban Central Police Station on Tuesday.
Jacinta has called on members of the public to support her when she reports the matter to police at 14:00 on Tuesday.
The allegations have also emerged against the backdrop of a renewed national debate over immigration and asylum seekers following a Constitutional Court judgment involving the Department of Home Affairs.
On 7 July 2026, the apex court confirmed that sections of the Refugees Act dealing with asylum seekers who entered South Africa irregularly, failed to report within five days or did not possess an asylum transit visa were unconstitutional and invalid.
The court held that procedural non-compliance cannot, by itself, prevent an asylum seeker from having their claim assessed on its merits because of the principle of non-refoulement, which protects people from being returned to countries where they may face persecution or serious harm.
The judgment does not give undocumented migrants an automatic right to remain permanently in South Africa. Rather, it requires authorities to allow an asylum claim to enter the proper process before a final decision is made on whether the person qualifies for refugee protection.
Home Affairs subsequently instructed refugee reception offices to accept applications from people who indicate that they wish to seek asylum, including those who entered the country unlawfully. The department has warned that the change could significantly increase pressure on the asylum system.
In a separate May 2026 judgment, the Constitutional Court also ruled that the Refugees Act does not provide a general right for asylum seekers whose applications have been finally rejected to repeatedly submit new applications.
The alleged threats against Jacinta have not been tested in court, and Gemba has not, according to the information available for this report, provided a public explanation for the alleged comments or why he allegedly called for violence against her.
Police will have to determine whether the allegations disclosed in the complaint constitute criminal offences and whether further investigation or prosecution is warranted.
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