The Department of Home Affairs has rejected false claims circulating online that a Constitutional Court judgment means asylum seekers will be allowed to vote in South Africa.
The department says the claims are part of a large-scale disinformation campaign surrounding a 7 July 2026 Constitutional Court judgment in the matter involving the Scalabrini Centre of Cape Town and the Minister of Home Affairs.
Home Affairs says the judgment does not grant asylum seekers citizenship, voting rights or blanket legalisation to foreign nationals.
The case relates to the processing of asylum applications and certain provisions of the Refugees Act.
The Constitutional Court confirmed the Western Cape High Court’s declaration that provisions allowing immigration officials to deport an asylum seeker who entered the country without a transit visa were unconstitutional and invalid.
A transit visa is issued at a port of entry to allow a person to travel to a refugee reception centre to apply for asylum.
The case was brought by the Scalabrini Centre, represented by Lawyers for Human Rights, over practices relating to asylum applications and the so-called “good cause” interviews.
These interviews were used where asylum seekers did not have the required documentation, requiring them to explain why they did not have the necessary visa before proceeding with an asylum application.
The applicants argued that the provisions could prevent people in an irregular immigration status from accessing the asylum system, contrary to their constitutional rights and the principle of non-refoulement.
Home Affairs: Judgment must be implemented
Home Affairs says it opposed the litigation and that the Constitutional Court judgment is binding.
The department subsequently issued an operational directive to give effect to the ruling.
It says claims that the decision to suspend good cause interviews was initiated by the Minister, the department or political parties are false.
“The department is constitutionally obliged to implement” the judgment, Home Affairs said.
The department also rejected claims that the judgment grants asylum seekers citizenship or automatically legalises foreign nationals.
Voting rights
The department’s clarification comes amid heightened political and election-related debate ahead of South Africa’s 2026 local government elections.
Home Affairs says the Constitutional Court judgment concerns access to the asylum application process, not citizenship or voting rights.
The department said the matter would be referred to the Independent Electoral Commission for further action under the newly published Code of Conduct on Countering Disinformation.
It has urged members of the public to verify information before sharing claims online.
The Scalabrini Centre of Cape Town is a non-profit organisation that assists migrants, refugees and local South Africans.
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— Karyn Maughan (@karynmaughan) October 7, 2026
