The EFF have strongly welcomed the landmark judgment of the Constitutional Court, which confirmed the Western Cape High Court’s declaration that key provisions of the Refugees Act are unconstitutional and invalid.

In a statement, the red berets hailed the apex court's ruling as a monumental victory for constitutionalism, human dignity, and the fundamental principle that justice cannot be sacrificed at the altar of bureaucratic technicalities.

Central to the EFF's praise is the court's robust reaffirmation of the international law principle of non-refoulement.

This “absolute cornerstone” of refugee law strictly prohibits the State from returning any individual to a country where they face the threat of war, torture, or serious harm.

The Constitutional Court has now mandated that every single asylum claim must be assessed individually.

The judgment dictated that qualified refugee reception offices must interrogate the specific facts and merits of each case, putting a firm stop to the practice of summarily dismissing vulnerable applicants through administrative loopholes and technicalities.

The EFF reiterated its long-standing stance that migration must be managed through lawful, efficient, and humane institutions.

The party strongly rejected approaches rooted in xenophobia, administrative cruelty, or political opportunism.

The EFF condemned successive ANC administrations for what it termed a "deliberate" collapse of the asylum system.

According to the party, this structural breakdown was manufactured through years of severe underfunding, deep-seated institutional corruption, the strategic closure of key refugee reception offices and gross administrative incompetence.

The EFF argued that after creating this profound State dysfunction, the government “unconscionably” sought to punish the very asylum seekers who became the primary victims of its failed leadership.

While celebrating the legal victory, the party issued a stern caution against political actors who might seek to distort the ruling to manufacture public fear, xenophobia, and social division.

The EFF clarified that recognising constitutional protections for asylum seekers does not equate to an endorsement of uncontrolled, lawless migration.

Furthermore, it does not diminish South Africa's sovereign right to regulate immigration within the bounds of the law. Instead, it serves as a strict reminder that State regulations must always comply with the Constitution and the principles of basic justice.

THE EFF reiterated that South Africa urgently requires a modern, efficient, and entirely corruption-free immigration framework.

The party envisions a high-functioning system capable of swiftly and accurately distinguishing between legitimate and illegitimate asylum claims, purely economic migration and cross-border criminal activity.

The party noted that maintaining secure border management, executing rigorous immigration administration, and upholding refugee protections are not contradictory objectives. Rather, the EFF asserted that these are deeply complementary responsibilities belonging to a truly capable and compassionate developmental State.