News24 | False claims say asylum seekers are being registered to vote in SA’s elections

Social media posts have falsely claimed that asylum seekers queueing at Home Affairs offices are being registered so that South Africa’s local government elections can be rigged.

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• Viral posts claim asylum seekers are being registered ahead of the 4 November local government elections to manipulate the vote.
• Home Affairs is processing asylum applications after a Constitutional Court judgment struck down rules that had blocked many people from accessing the asylum system.
• But only South African citizens can register to vote, and an asylum seeker visa does not confer citizenship nor voting rights.

Social media posts have falsely claimed that asylum seekers queueing at Home Affairs offices are being registered so that South Africa’s local government elections can be rigged.

One X post, viewed more than 75 000 times since 6 October, stated: “Those Asylum seekers are being registered so elections can be manipulated.”

The post doubled down on disinformation despite providing no evidence to the claims.

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Another post a day earlier, viewed more than 58 000 times, blamed Home Affairs Minister Leon Schreiber and claimed the DA “welcomes ALL asylum seekers from Africa”.

The claims followed the reopening of South Africa’s asylum system to new applicants after a Constitutional Court judgment in July.

There is no evidence that asylum seekers are being registered as voters. Registration at Refugee Reception Offices concerns asylum applications.

What changed at Home Affairs

On 7 July, the Constitutional Court confirmed a Western Cape High Court ruling that several provisions of the Refugees Act and its regulations were unconstitutional.

The provisions had allowed people to be excluded from the asylum process for procedural reasons, including entering South Africa outside an official port of entry, failing to report to a refugee office within five days, or failing to obtain an asylum transit visa.

The Constitutional Court found that these barriers could prevent an asylum claim from ever being considered on its merits and could result in people being returned to countries where they face persecution.

Home Affairs subsequently issued an instruction on 28 September directing Refugee Reception Offices to accept new asylum applications. It specifically covers people who entered South Africa unlawfully, do not hold visas, or previously could not lodge an application. It also tells offices that they may not refuse an application because a person lacks documentation.

GroundUp reported on 5 October that the Gqeberha Refugee Reception Office had begun accepting new applicants following the directive. Its report described people queueing and receiving appointments to lodge asylum claims.

The following day, it reported that asylum seekers queueing at the Durban Refugee Reception Centre to apply for asylum had been harassed by a group of stick-wielding vigilantes.

Lodging an asylum application does not make someone a South African citizen. An asylum seeker visa simply allows a person to remain temporarily in South Africa while their claim is considered. The application can still ultimately be rejected.

Asylum seekers cannot register to vote on that basis

South Africa’s electoral rules are clear. Section 19 of the Constitution gives the right to vote to adult South African citizens.

The Electoral Commission says a person registering as a voter must be a South African citizen and must produce a South African green bar-coded ID, smart ID card, or valid temporary identity certificate. An asylum seeker visa is not one of the documents accepted for voter registration.

For the 4 November municipal elections, voters must also be registered on the voters’ roll and vote in the voting district where they are registered.

The Constitutional Court ruling did not alter any of these requirements.

Home Affairs did oppose the Scalabrini case

Claims that Home Affairs allowed the Scalabrini case to proceed unopposed are also contradicted by the judgment.

The Constitutional Court records that the Minister of Home Affairs, the department’s director-general, and the other government respondents opposed the original High Court application and opposed confirmation of the declaration of invalidity in the Constitutional Court.

Home Affairs also attempted to appeal the High Court’s ruling on the regulations, although the Constitutional Court found that its appeal had been brought incorrectly and criticised the department’s procedural handling of the case.

In a statement on 7 October, Home Affairs said it was implementing a binding Constitutional Court judgment and rejected claims that the ruling grants asylum seekers citizenship or amounts to blanket legalisation of foreign nationals.

The reopening, therefore, concerns access to South Africa’s asylum process. It does not place asylum seekers on the voters’ roll, grant them citizenship, or change the legal requirements for voting in November.

*At News24, facts matter. This article was produced by the News24 Fact Check Desk and supported by Truth First. If there is something you’d like us to check out, debunk or uncover, send an email to our desk at debunk@news24.com.