The ANC has called on South Africans to reject "false narratives" surrounding the country's immigration policies, clarifying that a recent apex court ruling does not open the floodgates for irregular migration, nor has a pending labour Bill already become law.

ANC national spokesperson Mahlengi Bhengu stated that the public commentary surrounding the Constitutional Court's judgment in the Scalabrini Centre of Cape Town v Minister of Home Affairs matter and the Employment Services Amendment Bill has been heavily distorted for "party political and populist ends".

Bhengu described these as misrepresentations that undermine ongoing legislative processes and fuel a negative narrative that the State is prioritising foreign nationals over South African citizens.

The ANC expressed its respect for the independence and judgment of the Constitutional Court regarding the Scalabrini Centre matter. However, the party stressed that public interpretation of the ruling has been widely taken out of context.

According to Bhengu, the judgment explicitly focuses on procedural fairness rather than granting automatic residency.

The court ruled that specific procedural provisions of the Refugees Act—not the Immigration Act itself—are unconstitutional and invalid.

Effectively, the judgment means the Department of Home Affairs cannot deny individuals access to the asylum system or reject requests for refugee status solely owing to procedural non-compliance, such as entering through an undesignated border or lacking a five-day transit visa.

The ruling reinforces the international law principle of non-refoulment, which prohibits returning asylum seekers to countries where they face persecution, before an individual assessment of their claim can take place.

The ANC noted that this does not award permanent residency or citizenship but simply ensures that every claim is lawfully assessed on its merits rather than resulting in arbitrary, undocumented deportations.

Addressing anxieties regarding labour laws, the ANC clarified that the Employment Services Amendment Bill [B16-2026] is still undergoing parliamentary processes.

Despite rumours that the Bill is already effective and operational, the ANC confirmed that public hearings remain open until November 6.

Tabled in the National Assembly in May 2026, the Bill aims to amend the Employment Services Act of 2014.

Far from expanding employment of foreigners, the legislation is designed to align South Africa’s labour laws with the Immigration and Refugees Acts, explicitly prioritising employment opportunities for South African citizens and permanent residents.

The ANC stated that these legislative measures are designed to prevent employers from exploiting undocumented foreign nationals as cheap labour to bypass local labour laws.

The party maintained that the upcoming legislation and the adherence to constitutional law are part of a broader strategy to strengthen processes to document migrants, eliminate corruption in the immigration system, and enforce stricter border management.

The party urged citizens to remain vigilant against disinformation and to actively participate in the public hearings before the November deadline to ensure their voices shape the final legislation.