South Africa's Department of Home Affairs has instructed all refugee reception offices to accept anyone who arrives in person and states they want to apply for asylum — including people who entered the country unlawfully. The instruction follows a Constitutional Court finding that invalidated key provisions of the Refugees Act, and it took effect immediately upon delivery of the judgment because the court did not suspend the order of invalidity.

Deputy Director General for Operations Thulani Mavuso told 702 that the department is bracing for a surge in applications: "We're going to be overwhelmed with the numbers."

What changed under the new instruction?

Under the previous rules, a person who entered South Africa unlawfully first had to explain, in a "good cause" letter, why they entered or stayed in the country illegally before an asylum application could proceed. That step is gone.

"What changes is that there's no longer a need for that good cause letter based on the judgment," Mavuso said.

Asylum seekers will now provide their reasons as part of the asylum application itself, which officials will then assess. Refugee reception offices must receive and assist everyone who indicates an intention to apply. The new instruction covers people who:

• entered South Africa unlawfully;
• entered somewhere other than a port of entry;
• did not declare an intention to seek asylum at a port of entry;
• do not hold a visa;
• did not report to a refugee reception office within five days of entering the country.

Where does the ruling come from?

Mavuso traced the change to a 2023 Constitutional Court judgment involving an Ethiopian national arrested for unlawful entry and residence. The man said he could not visit a refugee reception office because offices were closed during the COVID-19 pandemic, and after his arrest he said he wanted to claim asylum because he feared persecution at home.

The court found that a person in such circumstances could not simply be prevented from claiming asylum. A subsequent matter brought against the Home Affairs minister also dealt with provisions of the Refugees Act.

Can the system cope?

South Africa operates five refugee reception offices, according to Mavuso. The country cannot impose a quota preventing people from lodging asylum applications, so the department is considering longer working hours and increased staffing at the offices. Some offices have already seen large numbers of arrivals.

Mavuso warned that people not genuinely fleeing persecution could join the queue of legitimate asylum seekers and create administrative delays. He cited the department's country-of-origin analysis as one screening tool, while noting that individual circumstances can still justify a claim even where conditions in a country are considered stable. Economic hardship alone does not qualify someone for asylum, and Mavuso said economic migration is prevalent in Southern Africa.

Will everyone who applies get protection?

No. Applications still go through an assessment process involving interviews and consideration of individual circumstances, supported by country profiles. Some genuine asylum seekers arrive without travel documents, so officials must conduct extensive interviews to establish the facts.

"The word that the person gives you ought to be at some point backed by tangible evidence that is credible for us to be able to grant that status," Mavuso said. He cited political persecution as one circumstance that could support a claim.

Mavuso said South Africa rejects a high share of applications from neighbouring Zimbabwe, largely due to economic migration, though some Zimbabweans can show evidence of persecution for their political views.

What about the first safe country principle?

Mavuso said the first safe country principle currently appears in the government's White Paper while legislation is being developed, and Home Affairs has researched how to implement it. The department is "quite determined to apply that," he said, arguing that someone seeking protection should generally seek it at the next available point rather than travelling through multiple countries. Compelling individual circumstances may still apply.

He also addressed claimants who voluntarily return to the country they say is persecuting them. "The law says you cannot avail yourself back to the country that you claim is persecuting you," Mavuso said, noting that returning could cost the person their right to protection. He acknowledged that verifying criminal records is difficult because asylum seekers, unlike some other visa applicants, cannot necessarily provide police clearances from their countries of origin.

What happens after rejection?

If an application is rejected, the applicant no longer has status in South Africa. "They've got to then voluntarily leave the country, or you get deported," Mavuso said.

The practical effect of the change is narrow but significant: irregular entry or a failure to report to a refugee reception office within five days can no longer, by itself, block a person from presenting themselves and lodging a claim. For Home Affairs, the operational challenge is keeping the system accessible to genuine asylum seekers while absorbing the increased administrative burden.