South Africa has issued a formal warning that anyone who falsely presents themselves at a refugee reception centre knowing they do not qualify for asylum will face consequences. Mmamoloko Kubayi, chairperson of the Inter-Ministerial Committee (IMC) on Migration, delivered the warning at a media briefing in Pretoria on 8 October 2026, as thousands of people formed long queues outside refugee reception offices following a Constitutional Court judgment that reopened the asylum system.

"We also issue a stern warning that anyone who falsely presents themselves at our refugee centres knowing very well that they don't qualify or meet the requirements for seeking asylum status will face consequences," Kubayi said. "Because they will be deliberately blocking those who genuinely require the service and need to be granted asylum status."

What did the court ruling change?

In July 2026, the Constitutional Court upheld an earlier Western Cape High Court ruling declaring parts of the Refugees Act unconstitutional and invalid. The judgment found unconstitutional the processes used to deny some new asylum seekers access to the system from about November 2023. Some of those affected were arrested, detained and deported without a refugee status determination interview.

The Scalabrini Centre of Cape Town and Lawyers for Human Rights brought the case in May 2023. They challenged the practice of arresting and detaining new asylum seekers based on preliminary interviews conducted by immigration officials about their entry into the country. The organisations argued the process bypassed the established asylum application system and undermined the principle of non-refoulement, which prohibits returning people to countries where they could face persecution or serious harm.

A subsequent Home Affairs directive opened the asylum application process to foreign nationals regardless of how they entered South Africa. Kubayi said refugee reception offices have been directed to receive and process applications from people who indicate an intention to seek asylum, including those who entered irregularly and were previously blocked by procedural requirements.

"This means that Refugee Reception Offices may no longer deny access to the asylum application process based on quotas, administrative restrictions, or the absence of certain documentation before an application is lodged," she said.

How is the government responding?

Kubayi acknowledged the directives triggered an influx of foreign nationals that has placed significant pressure on Home Affairs capacity and administrative systems. "As the IMC on Migration, we are therefore working closely with the Department of Home Affairs, the Border Management Authority, law enforcement agencies and relevant departments to address the immediate operational implications of this judgment," she said.

The coordinated response includes:

• Strengthening refugee processing capacity and administrative systems
• Enhancing identity verification and biometric screening
• Accelerating adjudication of asylum applications
• Improving information-sharing between migration, security and law enforcement agencies
• Intensifying efforts to tackle abuse and fraud in the asylum system
• Enforcing immigration laws against those who do not qualify for protection under South African law

On fraud, Kubayi said: "We will further recommend to the President to extend the SIU proclamation to include all refugee centres, so that we deal with fraudulent issuing of asylum status."

What happens next?

The government is engaging legal teams to consolidate court judgments on migration, analyse their implications and determine implementation requirements. The team will also coordinate the response to directives issued by the Gauteng Judge President, who established a panel after two conflicting High Court judgments — the Director-General of Home Affairs had requested guidance on which judgment to follow.

Kubayi confirmed the Constitutional Court judgment does not alter the government's five-point migration plan, which covers border management, human smuggling and document fraud, improved documentation systems, accelerated deportation of those who have exhausted legal remedies, and social cohesion alongside combating misinformation and vigilantism.

The IMC will hold its regular meeting the following week, with a media briefing on progress implementing the plan.

Kubayi also welcomed a request from Operation Dudula, the anti-migrant group turned political party, to engage with the IMC, saying the government would meet the organisation later that Thursday. She urged South Africans to verify information through official government channels rather than social media posts or sensational claims, and rejected any suggestion that South Africa is inherently xenophobic, noting the African Commission on Human and Peoples' Rights had commended the country's "robust and comprehensive constitutional and legislative framework". Constitutional Court judgments are binding on all organs of state, she said, and government will implement them responsibly while protecting the national interest.