JOHANNESBURG, GAUTENG — As South Africans react to a Western Cape High Court ruling that declared parts of the Refugees Act unconstitutional, the South Africa refugee crisis is being heavily fueled by systemic failures within the Department of Home Affairs. Refugees and asylum seekers across the country report that severe backlogs, administrative delays, and processing errors are unlawfully rendering their legal status invalid, pushing them into undocumented limbo.
While national debates continue over the deportation of undocumented foreign nationals, advocacy groups argue that many individuals initially entered the country legally. Organizations including the African Diaspora Forum and Lawyers for Human Rights are calling on the South African government to take accountability for its own administrative failures rather than solely focusing on enforcement.
For many asylum seekers, the reality of these administrative failures is deeply personal. One refugee from the Democratic Republic of Congo, who fled years of war and instability, shared that he entered South Africa legally nine years ago using an asylum document. Despite his legal entry, he was recently told he must leave the country because officials claimed there was “no war anymore” in the Congo—a claim he disputes, questioning whether the officers had actually spoken to his president.
Another anonymous asylum seeker, who also fled the Democratic Republic of Congo after being forcibly recruited into the army as a teenager, detailed a harrowing bureaucratic nightmare. Having been an asylum seeker in South Africa since 2001, he was officially granted refugee status in September 2021, a certificate valid for four years. He successfully updated his SARS, bank, and employment documents with his new refugee ID.
However, when he applied to renew his status in September 2025, the system failed him. The issue date on his new ID was erroneously backdated to January 2025, and the expiration was incorrectly set for September 2025, rather than 2029 as required by law. Despite reapplying three times, the error was never corrected.
In June 2026, the man received a letter stating his file had been submitted for withdrawal by a standing committee. He was never provided with a valid reason for the revocation.
Under the law, a refugee status certificate is valid for four years. While the Department of Home Affairs has the authority to withdraw a status earlier, it must provide valid reasons outlined in the Refugees Act—such as if a person re-availed themselves to the protection of the country they originally feared persecution from.
The administrative errors have had devastating real-world consequences for the anonymous Congolese refugee. Because the South African Revenue Service (SARS) flagged his expired ID, he was denied access to two pensions desperately needed to pay for his daughter’s university fees. Furthermore, his employer dismissed him, citing that his physical papers were expired, even though his underlying legal status remained valid. He is now unable to claim his pensions or unemployment benefits without a valid ID.
Lawyers for Human Rights notes that these types of cases are not new. Representatives highlight that the Department of Home Affairs frequently fails to provide reasons when revoking permits. Furthermore, they warn that when clients visit reception offices to resolve these issues, they are often extorted and told to pay bribes.
While acknowledging the corruption within the department, Lawyers for Human Rights points out that clients do have access to legal representatives who can utilize internal remedies, such as appealing to standing committees to explain their cases. However, the lack of final details provided by the department and massive inconsistencies make it incredibly difficult to assess why permits are revoked.
The African Diaspora Forum echoes these frustrations, arguing that the government must take direct responsibility for the collapse of the system. Representatives note that they have repeatedly raised the issue of severe congestion at the Department of Home Affairs. Despite calling on the department to extend operating hours or open additional service centers, they are consistently met with excuses regarding budget constraints.
The Department of Home Affairs was requested for comment regarding these allegations and the ongoing administrative challenges but had not responded by the time of publication.
The growing frustration among refugees and advocacy groups arrives in the wake of the Western Cape High Court’s ruling earlier this week. The court declared certain sections of the Refugees Act unconstitutional, officially ruling that the current asylum processing system violates the fundamental rights of asylum seekers in South Africa.