The Inter-Ministerial Committee on Migration (IMCM) has expressed concerns over what it says is the deliberate spread of misinformation and disinformation on social media, warning that false narratives are being designed to create panic, fuel social tensions and undermine public confidence in government institutions.

Clarifying recent legal developments, the IMCM emphasised that a landmark decision by the Constitutional Court does not grant any new rights to asylum seekers, contrary to these widespread and false online claims.

The clarification follows a Constitutional Court judgment that declared certain provisions of the Refugees Act unconstitutional.

The Court found that these provisions unfairly prevented individuals from accessing the asylum system solely on procedural grounds. Under the previous regulations, individuals were blocked from seeking asylum if they entered the country irregularly, lacked an asylum transit visa, or failed to report to a Refugee Reception Office (RRO) within the prescribed period.

The Court ruled that such procedural barriers could result in asylum seekers being excluded from the process without their claims being properly assessed on their merits, reaffirming South Africa’s constitutional and international obligations – particularly the principle of non-refoulement, which prohibits returning a person to a country where they may face persecution, conflict or serious harm.

In compliance with the apex court's ruling, RROs have been directed to receive and process applications from any person indicating an intention to seek asylum, including those who entered irregularly or were previously barred by procedural technicalities.

RROs may no longer deny access based on quotas, administrative restrictions or the absence of specific documentation before an application is lodged.

However, the IMCM acknowledged that these new directives have led to a massive influx of foreign nationals at RRO facilities, creating a surge that the Department of Home Affairs (DHA) currently lacks the capacity to manage efficiently.

The committee recognised that this development has placed significant pressure on administrative systems and refugee processing facilities.

To address these immediate operational implications, the IMCM said it is working closely with the DHA, the Border Management Authority, law enforcement agencies, and other relevant departments.

The government's coordinated response includes expanding refugee processing capacity, upgrading administrative infrastructure, and enhancing identity verification and biometric screening processes.

Furthermore, authorities plan to accelerate the adjudication of asylum applications, improve information-sharing between migration and security agencies, and intensify efforts to root out fraud.

The committee vowed to continue strictly enforcing immigration laws against individuals who do not qualify for protection under South African law, stating firmly that the State will not tolerate the abuse of its systems.

Applications that are fraudulent, abusive, unfounded, or fail to meet the statutory requirements of the Refugees Act will continue to be rejected through established legal channels, the IMCM stressed.

To combat corruption, the IMCM announced it will recommend that President Cyril Ramaphosa extend the Special Investigating Unit proclamation to include all refugee centres, ensuring that the fraudulent issuing of asylum status is thoroughly investigated and prosecuted.

Looking toward long-term policy stabilisation, the IMCM has engaged legal teams to consolidate all outstanding court judgments on migration, analyse their systemic implications, and outline implementation requirements.

This legal task force will provide the State with options and historical precedents to navigate situations where substantial time and resources are required to comply with judicial rulings.

Additionally, the legal team will coordinate the government’s response to recent directives issued by the Gauteng Judge President, who established a review panel after the Director-General of Home Affairs requested guidance on how to resolve two contradictory judgments emerging from his divisions.