@Magatsheni90722@JoshuaEmpowers Anti-Africa stance kanjani when people are also complaining about Pakistanis and Bangladeshis as well. I’m sure if black South Africans lived in CT suburbs they’d complain about the Germans as well.
🇿🇦 Who should get priority when it comes to jobs in South Africa?
SACR invites South African citizens to share their views on the Employment Services Amendment Bill and help shape our submission to Parliament.
Deadline: 2 November 2026, https://t.co/UjZsqYKlDi
#SACR#fypp
Things with which South African laws are exceedingly generous about are things that ‘sending’ countries are quite guarded about. This is a glaring example of the accountability discrepancy with which South Africa is confronted. The challenge remains for South Africa to find novel ways by which it can act in its own rational self-interest. Other nations have stricter integration policies, while South Africa offers extensive rights.
@EducNurture
Imagine if Mkhwanazi had followed “due process” and not worn that uniform, we wouldn’t be here! You don’t break the status quo by following the rules that are keeping the very same status quo intact!
Who should get priority when it comes to jobs in our country?
You’ve been raising concerns, and SACR is responding. Have your say on the Employment Services Amendment Bill!
Closing date: 02 November 2026.
Cc: @deptoflabour
Link: https://t.co/gNGWUybyDR
#SACR#SouthAfrica #HaveYourSay
The crux of the issue in the ConCourt judgment
The ConCourt judgment amongst other matters ruled that a person who is illegal in South Africa cannot be arrested and deported IF they express an INTENTION to apply for asylum. Effectively, if an illegal immigrant just EXPRESSES an intention to apply for asylum they have to be released.
Yes we know asylum application doesn’t mean refugee status nor citizenship. The crux of the issue is what does an asylum application mean and what is afforded to people who merely posses a Section 22 permit.
A Section 22 permit is a legal document that is issued to an individual that has applied for asylum in South Africa whilst they await for Home Affairs to make a decision.
A holder of a Section 22 permit can access SRD grants, is legally enabled to study, be employed and run businesses in South Africa.
Auditor General back in 2020 stated, to clear the backlog on asylum applications and appeals, if no new applications are received it will take 68 years for Home Affairs to clear the backlog.
Home Affairs indicates, it takes between 5-10 years for a decision to be finalised on an asylum application given the appeals & court processes. This is unlikely to change as the Refugee Status Determination Officers are less than a 100 for the whole country.
The troubling feature as stated by Home Affairs is that 95% of asylum applications are denied as not meeting the legal requirements of a refugee.
Home Affairs doesn’t have a system to track and trace individuals who are asylum applicants. Most asylum applicants receive the Section 22 permit fail to report to Refugee Reception Office & continue to live in SA without lawful documentation.
Home Affairs doesn’t have systems to adequately ascertain whether asylum seekers are not fugitives. Fulgence Kayishema was criminally indicted for the killing of 2000 people in Rwanda. He came to South Africa seeking asylum and was given a refugee status, he lived in the country under a false name for more than 20 years working.
The Employment Services Amendment Bill proposes a removal of an “asylum seeker” in the definition of a foreign national. Meaning a foreign national who is illegal in the country, who has just merely applied for asylum is afforded the same rights as a citizen. This is even though 95% of asylum applications do not meet legal requirements and it takes a minimum of 5 years for an application to be finalised. In those years, they are legally entitled to work just like citizens.
The anger directed to the South African government by its citizens is legitimate. This ruling effectively means an illegal immigrant can have legal status in South Africa through an asylum application.
Even though 95% of these applications are not legitimate, they will still get to have access to work and business opportunities, SRD grants until the applications are finalised which takes years.
Where exactly are they supposed to get the residential address and contact number required for online registration? How do they RICA a SIM card without the necessary documents? And how will they receive their appointment receipt?
You’ve explained what happens at the Refugee Reception Office but the practical requirements of the initial online registration remain unclear. Please explain.
@Princymthombeni Hi Princy which recommendations were removed. Did SACR include them in your submissions on the white paper? Also do you know what’s happening with that white paper now?
@Newzroom405 Viewed in isolation there’s nothing wrong with the con court’r ruling. However the ruling plus the practical realities of Home Affairs’ administrative capacity, the years long backlogs etc will make the asylum system a parallel immigration route.
South Africa’s Constitution guarantees the right to safety and security and obliges the state to protect people from violence, crime and threats to life.
This supports examining the implementation of the asylum system from a constitutional perspective, particularly given the established multi-decade backlog of applications and appeals dating to around 2008 and the Department of Home Affairs’ reported rejection of approximately 95% of asylum applications on the merits as unfounded.
Relevant provisions include Section 12 (freedom and security of the person, including freedom from violence), Section 11 (the right to life), Section 198 (the commitment to live in peace and free from fear), Section 205(3) (the duty of the South African Police Service to prevent crime and protect inhabitants), and Section 7(2) (the state’s obligation to respect, protect, promote and fulfil rights).
These provisions indicate that South Africans may challenge how the Department of Home Affairs implements Constitutional Court asylum rulings where public safety and national security are affected.
The Court’s protection of asylum seekers’ rights does not remove the state’s duty to safeguard the public.
A rejection rate of approximately 95%, as stated by the Minister, indicates that the large majority of applications assessed are found to be unfounded. This raises the question of how applicants whose claims are rejected or remain pending for years or decades will be managed in the interim, and what immediate controls prevent extended stays that are not justified by a successful claim.
While applicants’ identities, criminal histories and backgrounds remain under investigation, how will Home Affairs identify potential terrorists, drug or human traffickers, fugitives and other violent offenders immediately? What real-time or interim screening, biometric, intelligence and law-enforcement measures apply from the point of application onward?
After rejection, applicants may pursue appeal or review. Given that these processes already extend for many years and that most claims are ultimately found unfounded, what immediate safeguards and monitoring apply pending a final decision? How will repeated administrative delays and litigation be prevented from indefinitely extending an applicant’s presence without ongoing risk assessment?
@ThabisoGoba2 But I think that’s testament to voter literacy, people understand that they can support an issue without voting for a party built around it.
@nos_mtshali People are not considering how the interaction between the law, administrative incapacity and incentives could lead to unintended outcomes. They only want to look at the ruling in isolation.
I think people’s concern around the con court ruling is that somethings like it which intends to protect people fleeing persecution can, in practice, become a parallel immigration route for people who would otherwise have no lawful basis to remain in South Africa.
@a_mccoast@SizweLo They’re also not a signatory to the UN refugee convention so they don’t take in asylum seekers and refugees. They are able to enforce their immigration laws and deport people. So I would say they have a pretty good handle over their immigration system.
@a_mccoast@SizweLo Singapore has a lot of immigrants but they’re documented and are there on work permits and don’t depend on the state. They also cannot form immigrant community enclaves in the communities because of how they organise their society.