A call for justice, the rule of law and respect for asylum seekers

The Office for Migrants, Refugees and Human Trafficking of the Southern African Catholic Bishops’ Conference (SACBC) welcomes the Constitutional Court ruling of 7 July 2026 concerning the right to seek asylum in South Africa. We call on the Department of Home Affairs, government, communities and civil society to support its implementation and ensure that asylum seekers are given a fair opportunity to present their cases.

We also congratulate judge Navanethem ‘Navi’ Pillay, recipient of the 2026 Nobel Peace Prize. An international recognition of her lifelong commitment to prosecute genocide and war crimes. Her work challenges us to uphold the dignity of every person and to ensure that the rights enshrined in our Constitution are respected.

These two developments invite South Africans to reflect on our commitment to human dignity, the rule of law and the protection of human rights.

The right to be heard

The Constitutional Court ruling followed legal action by the Scalabrini Centre of Cape Town concerning barriers preventing asylum seekers from accessing the asylum process. The ruling provides an important opportunity for people seeking protection to approach the Department of Home Affairs, present their circumstances and have their applications processed in accordance with the law.

However, administrative challenges, limited staff capacity, inadequate communication and misinformation about the court order have complicated its implementation. The Department of Home Affairs must be given the necessary resources and institutional support to carry out its responsibilities effectively.

Asylum seekers must be given sufficient opportunity to register their claims and have their cases considered fairly. Those who qualify for protection should receive it in accordance with the law, while those whose claims do not meet the legal requirements should have their cases resolved through the appropriate procedures.

Reject attacks and support the implementation of the ruling

We are deeply concerned about hostility towards asylum seekers and the risk of attacks on refugee reception centres and those seeking to access these facilities.

We call on community groups, including those organising marches and protests against undocumented migrants, to reject violence and intimidation and to support lawful processes for the documentation of migrants and the consideration of asylum applications.

Attacking reception centres or obstructing asylum seekers from approaching the Department of Home Affairs undermines the rule of law and denies people the opportunity to have their circumstances heard.

The concerns of communities about migration must be addressed through lawful, constructive engagement with government. At the same time, the state must fulfil its responsibility to manage migration effectively, strengthen its administrative capacity and ensure that immigration and asylum laws are properly implemented.

A call for justice and human dignity

South Africa has a proud history of defending human rights. We must not allow the dignity and rights of vulnerable people to be compromised by misinformation, frustration or hostility.

As a Church, we reaffirm that every human person possesses inherent dignity. Giving asylum seekers an opportunity to tell their stories does means that each case must be considered fairly and in accordance with the law.

We therefore call on the Department of Home Affairs to strengthen its capacity, improve communication about the court ruling and ensure that asylum seekers can access the relevant offices to lodge their applications. We also call on government, civil society, community organisations and the public to support this process.

Let us not defeat justice by denying people the opportunity to be heard. Instead, let us work together to ensure that the asylum system functions effectively, that those who genuinely need protection receive it and that those who do not qualify are dealt with through lawful procedures.

The dignity of every person demands no less.

+Bishop Joseph Mary Kizito                                                                                     12 October 2026
Liaison Bishop for Migrants, Refugees and Human Trafficking
Southern African Catholic Bishops’ Conference