JOHANNESBURG — The Ahmed Kathrada Foundation warmly welcomes the recent landmark judgment delivered by the Constitutional Court of South Africa in the case of Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others.
The unanimous ruling, which struck down several unconstitutional provisions of the Refugees Act, represents a historic victory for human dignity, international human rights, and the rule of law. By dismantling arbitrary administrative barriers that previously prevented vulnerable individuals from seeking protection, the Apex Court has powerfully reaffirmed South Africa’s commitment to a just, compassionate, and human-rights-centred constitutional democracy.
What the ruling means, simply explained:
Previously, under strict rules introduced to the Refugees Act, an individual fleeing danger who entered South Africa through an unofficial border post, missed a five-day reporting deadline, or lacked a specific transit visa could be automatically blocked from applying for asylum. They were forced to pass a subjective “good cause” interview with an immigration officer before they were even allowed to state their case. The Constitutional Court has now ruled these specific rules unconstitutional.
The court clarified that procedural mistakes or border-crossing technicalities cannot be used to lock vulnerable people out of the system. Crucially, the ruling ensures that everyone who fears for their life has the right to have the actual merits of their safety claim evaluated fairly before the state can decide to deport them.
The Ahmed Kathrada Foundation strongly aligns with the court’s reaffirmation of the fundamental principle of non-refoulement—a cornerstone of international law that strictly prohibits returning individuals to countries where they face persecution, torture, or death.
Executive Director of the Ahmed Kathrada Foundation stated:
“Uncle Kathy spent his life fighting for a South Africa rooted in equality, justice, and absolute respect for human rights. He often reminded us that our freedom is incomplete without the recognition of the shared humanity of all people, including those fleeing war and tyranny. This judgment ensures that our administrative systems reflect the core values of our Constitution, rather than bureaucratic exclusion.”
A Stern Warning to Those Attacking the Judiciary:
The Foundation views the mounting political attacks, opportunistic civil society protests, and weaponised disinformation campaigns targeting the Constitutional Court and the Department of Home Affairs over this ruling with grave concern. Short-sighted attempts to undermine the integrity of our apex court for cheap political points pose a dangerous threat to the rule of law and constitutional democracy itself.
The judiciary has a binding duty to interpret the law independently and protect fundamental human rights without fear, favour, or political bias. Seeking to degrade the credibility of our courts simply because a decision is politically inconvenient is reckless, and we urge political actors and civic organisations to refrain from rhetoric that incites hostility against the judicial system.
While welcoming the ruling, the Foundation notes the concerns raised regarding the administrative capacity of the Department of Home Affairs. We emphasize that upholding constitutional protections for asylum seekers does not equate to uncontrolled migration, nor does it diminish South Africa’s sovereign right to regulate immigration lawfully. Rather, it insists that administrative regulation must always be fair, just, and human-rights-compliant.
We urge the Department of Home Affairs to look at this judgment not as an administrative burden, but as a critical opportunity to reform and build a secure, transparent, and robustly managed asylum seeker infrastructure that treats all applicants with institutional dignity.
The Foundation calls upon all sectors of society, political formations, and civic organisations to embrace this ruling with clarity and maturity.
We caution against any attempts to distort this legal milestone to manufacture fear, xenophobia, or division within our communities. South Africa’s strength lies in its commitment to justice for the most vulnerable, and this judgment firmly steers our democracy back toward that foundational promise.
For media enquiries, contact:
Rethabile Ratsomo, Anti-Racism Manager
Email: rethabile@kathradafoundation.org
Contact: +27 11 854 0082
