The Constitutional Court of South Africa has ruled that parts of the country's Refugees Act are unconstitutional, removing procedural barriers that previously hindered asylum seekers from having their cases evaluated on their merits.

This landmark decision, stemming from a challenge by the Scalabrini Centre and Lawyers for Human Rights, highlights how certain provisions of the Act violated constitutional standards by creating obstacles that undermined the right to seek asylum.

Mpho Makhubela of Lawyers for Human Rights emphasized that the ruling underscores the need for transparent, lawful asylum procedures with proper oversight.While the judgment is a significant victory, thousands of asylum seekers still face delays due to systemic challenges.The Department of Home Affairs reported a 14.

2% reduction in the refugee appeals backlog during the 2025/26 financial year, attributing the progress to reforms at the Refugee Appeals Authority of South Africa (Raasa).

However, advocates stress that sustained accountability and collaboration between the judiciary, government, and communities are essential to uphold constitutional values and protect the rights of vulnerable individuals.The ruling also exposes risks of corruption and extortion in immigration systems lacking clear legal frameworks and review mechanisms.