The Constitutional Court of South Africa has ruled that sections 4(1)(f), 4(1)(h), 4(1)(i), and 21(1B) of the Refugees Act are unconstitutional.These provisions previously barred asylum seekers from having their claims assessed on their merits if they had entered the country irregularly or faced procedural delays.

The court emphasized that procedural non-compliance cannot justify denying asylum seekers their rights, reaffirming the principle of non-refoulement which prohibits returning individuals to countries where they face persecution.

The judgment highlighted that the 2020 amendments introduced irrational barriers, granting immigration officials excessive discretion without legal guidance.It also noted the disproportionate impact on children, who could be deported without their asylum claims being evaluated.

The Department of Home Affairs argued the provisions balanced migration control and refugee protection, but the court criticized their handling of the litigation as incompetent.This ruling reinforces South Africa's obligations under international law to protect asylum seekers regardless of procedural failures.