South Africa Court Strikes Down Refugees Act Procedural Rules

The Constitutional Court of South Africa unanimously confirmed on July 7, 2026, that several provisions of the Refugees Act 130 of 1998 are unconstitutional and invalid. The ruling strikes down sections that allowed immigration officers to deport asylum seekers for procedural failures, such as entering through undesignated borders, lacking a valid transit visa, or failing to report to a reception office within five days.

Justice Steven Majiedt ruled that these procedural filters violated the international legal principle of non-refoulement, which prohibits returning individuals to countries where they face persecution. The court determined that all asylum claims must be assessed on their individual merits rather than being dismissed on administrative grounds. The judgment specifically noted that these laws unfairly impacted children by denying them independent assessments of their circumstances.

Justice Majiedt strongly criticized the Department of Home Affairs for poor litigation and for making unsupported assertions linking Afghan and Bangladeshi nationals to human trafficking, suggesting such claims promote prejudicial narratives. The legal challenge was initiated by the Scalabrini Centre of Cape Town, the Helen Suzman Foundation, and other human rights organizations. Legal representatives for the foundation stated the decision removes administrative hurdles for those unable to obtain transit visas and prevents asylum seekers from remaining undocumented while awaiting a merits-based determination.