South Africa is moving ahead with major reforms to its asylum and immigration system, with the government seeking stronger controls over migration while maintaining the country’s obligations to protect genuine refugees.
In March 2026, Cabinet approved a revised White Paper on Citizenship, Immigration and Refugee Protection, which proposes significant changes to the way asylum and immigration matters are managed. One of the key proposals is the “First Safe Country” principle, under which asylum seekers who have already received protection in another country, or who travelled through designated safe countries, could be ineligible to claim asylum in South Africa.
The government says the reforms are aimed at reducing abuse and fraud, strengthening border management and creating a more efficient immigration system. The proposed changes still need to be translated into legislation and taken through the required parliamentary process.
At the same time, the Constitutional Court ruled in July 2026 that certain provisions of the Refugees Act were unconstitutional because they could prevent asylum seekers from having their claims properly assessed based on procedural failures such as irregular entry.
The developments highlight South Africa’s balancing act: strengthening immigration controls while ensuring that people genuinely fleeing persecution continue to receive protection under the law.
Main image: The Citizen
