The Commission is deeply concerned by reports that asylum seekers and asylum centre officials have been subjected to intimidation and threats, and that many fear for their safety. The Commission has received numerous calls from concerned asylum seekers seeking assistance and protection amid the escalating tensions. The Commission also condemns any reported retaliatory attacks arising from the protests, as this risks further escalating tensions and undermining the protection of human rights.

Section 17 of the South African Constitution (Bill of Rights) guarantees that everyone has the right, peacefully and unarmed, to assemble, and to present petitions. However, violence is not a solution. The Commission calls on those behind these violent protests to desist.

South African refugee processing is primarily governed by the Refugees Act (No. 130 of 1998), which implements international and regional refugee instruments (such as the 1951 UN Convention and the 1969 OAU Convention). South African law strictly upholds the principle of non-refoulement, meaning no person can be forced or returned to a country where they face persecution, violence, or threats to their life or freedom.

The Commission would like to remind the public that the Constitutional Court ruled in July 2026 that individuals cannot be barred from entering the asylum process solely due to administrative technicalities—such as missing a tight reporting deadline or lacking a transit visa—without an interview. The Commission urges Government to adequately capacitate asylum processing centers to ensure compliance with the Court’s order and facilitate access to the asylum process.

The Commission is concerned about the spread of misinformation where incorrect interpretation of the ruling is being spread on social media. The court ruling does not grant automatic refugee status as reported but remedies procedural access. The commission welcomes the clarification from the Department of Employment and Labour on the proposed amendments to the Employment Service Act. Anyone barring asylum seekers from going to Refugee Centres to process their applications is in violation of the law.

The Commission calls for calm and for protestors to exercise their right to protest in a peaceful manner. In addition, law enforcement agencies must discharge their mandate and ensure that these violent protests are curbed, and that vulnerable groups are protected and able to exercise their right to process their applications as directed by the Constitutional Court. The Commission will be engaging with all relevant stakeholders to ensure everyone’s rights are promoted and protected.

ENDS

Issued by the South African Human Rights Commission