The poor capacity at the country’s Home Affairs offices is yet another reason for asylum seekers suddenly becoming illegal migrants in South Africa. This is one of the arguments by the Scalabrini Centre, which has now won an important battle in the Constitutional Court. It argued that certain provisions in the Refugees Act must be struck.

This as the legislation assumes that a person has abandoned their asylum application if they don’t renew their visa within a month of the date of its expiry. But the massive delays and location of the Home Affairs offices in South Africa make it difficult for applicants to renew their visas.