South Africa’s Constitutional Court has ruled that foreign nationals cannot submit fresh asylum applications after their initial requests have been rejected.
The country’s highest court said allowing unlimited repeat applications without clear legislation could create a “never-ending cycle” that would obstruct deportations and create administrative disorder within the asylum system.
The ruling was welcomed by Home Affairs Minister Leon Schreiber, who described it as a major victory against what he called the abuse of the refugee system.
“This is an important judgement for building a more effective and fair system to manage refugees and asylum seekers,” Schreiber said.
The case originated from two nationals of Burundi whose asylum applications were initially rejected in 2014.
The pair reapplied for asylum in 2018, arguing that political violence that erupted in Burundi during the 2015 presidential election had significantly changed conditions in their home country.
At least 70 people were reportedly killed during unrest that followed former President Pierre Nkurunziza’s controversial bid for a third term in office.
Although the applicants initially secured victory at the Supreme Court of Appeal, the Constitutional Court overturned that judgement in a majority ruling, making the decision final.
According to the United Nations High Commissioner for Refugees, South Africa hosted more than 167,000 refugees and asylum seekers in 2025.
Most originated from Burundi, the Democratic Republic of the Congo, Somalia, South Sudan, Rwanda, and Zimbabwe.
Speaking to local broadcaster Newzroom Afrika, Schreiber said the Department of Home Affairs had strongly opposed the earlier appeal court ruling.
According to him, allowing repeated asylum applications would have enabled individuals to take “multiple bites at the cherry” and continuously exploit the system through new filings.
Schreiber is a member of the Democratic Alliance, the second-largest party in South Africa’s coalition government led by President Cyril Ramaphosa of the African National Congress.
The court ruling comes amid rising tensions over immigration in South Africa, where recent protests have targeted undocumented migrants.
Thousands of demonstrators have taken to the streets in major cities demanding mass deportations of foreign nationals.
Several African governments have reportedly raised concerns through the African Union and advised their citizens living in South Africa to remain cautious following reports of attacks on foreigners.
Earlier this week, Ramaphosa condemned the violence, blaming “opportunists” for orchestrating anti-immigrant attacks.
“The recent violent protests and criminal acts directed at foreign nationals in parts of our country do not represent the views of South Africa’s people nor reflect our government’s policy,” the president said in an open letter.
Official figures estimate that South Africa hosts about 2.4 million migrants, representing just under four per cent of the country’s population, although observers believe the actual number may be significantly higher.
As Africa’s most industrialised economy, South Africa remains a major destination for migrants from across the continent seeking employment and better living conditions.
