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...
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 t...