Home Affairs Minister Dr Leon Schreiber has welcomed a Constitutional Court judgment that prevents multiple asylum applications, describing it as a significant victory for creating a more rational, manageable, and fair refugee management system in South Africa.
The ruling, which overturned an earlier Supreme Court of Appeal decision, stops individuals from repeatedly submitting new asylum claims after an initial application has been rejected. Minister Schreiber said the Department of Home Affairs had led the appeal, arguing against a situation that would allow “multiple bites at the cherry” and enable abuse of the asylum process.
“This is an important victory for our ongoing efforts to create a more rational, a more manageable and ultimately a more effective and fair system to manage refugee and asylum seekers to South Africa,” Schreiber stated.
He noted that the judgment aligns with broader government reforms, including the Cabinet-approved revised white paper on citizenship, immigration, and refugee protection. The white paper introduces the “first safe country” principle, preventing people from selecting South Africa as a destination of choice after passing through other safe countries in the region and then pursuing endless applications.
Schreiber addressed scenarios where circumstances in an applicant’s home country might deteriorate during a lengthy process. He emphasised that the initial application must still be assessed on its merits, with appeal options available. The key solution, he said, lies in significantly improving efficiency through additional resources, shorter turnaround times, virtual refugee reception interviews, and relocating facilities closer to the border.
The Minister also highlighted that South Africa is not the only safe country in the region, pointing out instances where individuals apply after being rejected elsewhere. “That is clearly changing,” he said, citing the court victory and the white paper as part of efforts to end the perception of South Africa as a “free-for-all.”
On public frustration over illegal immigration, including recent protests sometimes involving violence, Schreiber acknowledged long-standing problems but pointed to rapid reforms under the current administration. These include the electronic travel authorisation system recording biometrics for foreigners, the shift from green ID books to smart IDs to combat identity theft, and other legal changes.
He stressed that adhering to the rule of law, guided by the Constitution, enables effective management of these challenges rather than leading to an overwhelmed system. “Today’s victory by Home Affairs… vindicates our approach that we’re saying yes of course we have to restore rule of law… in a manner that upholds and vindicates our constitution rather than undermining it,” Schreiber said.
