Non-Refoulement under Strain: South Africa’s Asylum System and Regional Displacement
The southern African political and social landscape is highly influenced by features of migration and forced displacement. Cross-border migration has continuously been driven by conflicts, economic instability, and environmental stress from within and neighbouring African countries. Yet, at the heart of all this tension is the principle of non-refoulement, which is a cornerstone of international human rights law that prohibits returning refugees/migrants to situations of harm (UNHCR, 2025). Understanding non-Refoulement
Migrants, Refugees and Displaced Persons
Recent weeks have seen a troubling surge in xenophobic activity in South Africa, particularly targeting foreign nationals’ access to public healthcare a phenomenon now termed “medical xenophobia.” Despite constitutional guarantees and legal precedents affirming healthcare rights for all, activists have illegally blocked clinics, harassed staff, and removed patients, claiming foreigners are overburdening the system. These actions, fuelled by political rhetoric and misinformation, have spread from Gauteng to other provinces and are increasingly normalized in public discourse....
Western Cape High Court Declares Provisions of Refugees Act Unconstitutional
The Western Cape High Court has delivered a groundbreaking judgment, declaring key provisions of the Refugees Act and its regulations unconstitutional. The ruling, brought by the Scalabrini Centre of Cape Town and Lawyers for Human Rights, challenges policies that denied asylum seekers access to the system, leading to their arrest and deportation without due process. Key findings include the invalidation of provisions that excluded individuals on procedural grounds and regulations that barred most new asylum seekers...
