Constitutional Court Strikes Down Key Provisions of South Africa's Refugee Act
South Africa's Constitutional Court has ruled that key provisions of the Refugees Act are unconstitutional, affirming that asylum applications cannot be rejected due to procedural delays.
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South Africa's Constitutional Court has declared several provisions of the Refugees Act unconstitutional, reinforcing the rights of asylum seekers and affirming that procedural delays cannot justify the rejection of asylum applications.
The ruling, delivered on July 7, 2026, ensures that all asylum claims must be assessed on their merits rather than being dismissed over administrative shortcomings. The court emphasized the protection of vulnerable individuals, including children, from deportation where claims are pending.
According to Timeslive, the court found that aspects of the Refugees Act violated constitutional protections for due process and human dignity. The provisions in question allowed authorities to reject applications solely on the basis of missed deadlines or administrative lags, a practice now deemed unlawful.
Daily Maverick described the judgment as a landmark decision, noting that it upholds the principle that asylum seekers must have fair access to the protection system. The court specifically highlighted the risk of harm to children if they are removed from the country without a proper evaluation of their claims.
eNCA reported the ruling as a significant development in refugee rights jurisprudence, reinforcing the court’s role in safeguarding constitutional rights. The judgment is expected to impact how the Department of Home Affairs processes asylum claims going forward.