The Department of Home Affairs notes the judgment handed down today by the Constitutional Court in the matter between the Scalabrini Centre of Cape Town and the Minister of Home Affairs. The case concerned the constitutionality of certain provisions of the Refugees Act relating to the asylum application process. The Constitutional Court today confirmed the Western Cape High Court's declaration that those provisions are unconstitutional and invalid.

The Department respects the authority of the Constitutional Court and will study the judgment carefully to consider its implications, including the reasons provided by the Court, before determining the appropriate way forward. 

The Department remains firmly committed to upholding the Constitution while restoring and maintaining the rule of law through a secure, lawful and well managed immigration system. We remain committed to protecting the integrity of South Africa's immigration system while ensuring that our policies and legislation continue to give effect to the Constitution and the country's international obligations.

Media Enquiries:

Thulani Mavuso – Spokesperson for the Department of Home Affairs and Deputy Director-General for Operations - Cell: 082 330 1404

ISSUED BY THE DEPARTMENT OF HOME AFFAIRS