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South African ConCourt Clarifies Act for Asylum Seekers

The Constitutional Court has reversed amendments to the Refugees Act that made it difficult for refugees to apply for asylum while making it easy for Home Affairs officials to unjustly detain and deport them, writes Musawenkosi Cabe for New Frame. The apex court ruled that refugees and asylum seekers can now apply for permits locally, and that they can stay in the country pending the status of their application for asylum.

Amendments that were made to the Refugee Act and implemented on January 1, 2020 have been the subject of debate and litigation. The provisions of the amendments and regulations were criticised for being unfair and unjust. One of the provisions, for example, states that an asylum application is deemed abandoned if an asylum seeker had not renewed documentation within 30 days of its expiration.

Due to these amendments to the act, many refugees faced the prospect of being deported to dangerous places they had escaped, with their children condemned to statelessness.

InFocus

Stefan Schäfer, Lich

Constitutional Court of South Africa (file photo).

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