South Africa’s asylum system under strain as caseload and backlogs grow

South Africa is hosting more than 137,500 refugees and asylum seekers, official data show, as the country faces mounting pressure on its asylum system from high caseloads, long administrative backlogs and concerns about misuse of refugee protections.

Who is in the system and how big the backlog is

Department of Home Affairs records show there are 55,190 recognised refugees and 82,348 active asylum seeker cases in South Africa. The department also lists substantial backlogs across decision-making bodies and courts.

• 70,976 cases are reported before the Refugee Appeals Authority of South Africa (RAASA).
• 7,407 cases are with the Standing Committee on Refugee Affairs (SCRA).
• 3,490 judicial review matters are recorded.

Approval and rejection rates

In the past year the department recorded 1,934 asylum applications approved and 7,392 claims rejected, figures officials cite when describing a high number of unfounded applications.

Government position: legislation and enforcement

Department of Home Affairs spokesperson Thulani Mavuso said the government’s approach is based on implementing existing laws. He said the Immigration Act of 2002 regulates admission and departure and that those found to be in the country illegally are arrested and processed for deportation.

“Government’s current approach to managing migration and asylum processes is premised on the full implementation of the Immigration Act of 2002 and the Refugee Act of 1998,” Mavuso said.

Mavuso also said there are facilities for detention and repatriation, naming the Lindela Repatriation Centre and designated police stations as holding facilities.

He argued the refugee system is being exploited by economic migrants lodging what the department considers unfounded claims, a point used to explain low approval rates and higher rejection rates.

Country origins and UNHCR findings

The department reports that nearly 90% of refugee and asylum seeker cases originate from 10 countries: Ethiopia, the Democratic Republic of Congo (DRC), Somalia, Bangladesh, Zimbabwe, Palestine, Burundi, Malawi, Ghana and the Republic of the Congo. The UNHCR estimates most refugees and asylum seekers in South Africa come from the DRC, Ethiopia, Somalia and Burundi.

UNHCR South Africa communications officer Duniya praised South Africa’s legal framework for protection while also highlighting operational difficulties.

“UNHCR recognises South Africa’s longstanding commitment to providing protection to refugees and asylum seekers, reflected in its progressive legal framework,” Duniya said.

The UN agency flagged access to documentation and renewal delays as major challenges. It said these problems can hinder refugees’ ability to access healthcare, education and employment.

Wider context and proposed reform

UNHCR figures cited in the department material place regional displacement in context, noting that Eastern and Southern Africa host 22.7 million of the more than 117 million displaced people worldwide.

The Department of Home Affairs is preparing proposed legislation titled the Citizenship, Immigration and Refugee Protection Bill. The department says the bill aims to provide “a balanced, structured and constitutionally sound approach to the overhaul of South Africa’s migration governance while safeguarding the national sovereignty and public security of the country.”