The Condition of Asylum Seekers and Refugees in South Africa is Unsatisfactory

By: Yolokazi Mfuto

The conditions for refugees in South Africa in 2024 are one of significant difficulty. While the country remains a critical haven for many fleeing conflict and persecution from the countries of origin. The socio-economic hardships, and systemic challenges, including bureaucratic delays, xenophobia, and poor living conditions, continue to impede the lives of refugees. The balance between maintaining national stability and supporting the refugee population remains a central issue in South African politics and society.

Notably, South Africa continues to be a key destination for refugees and asylum seekers from across Africa, particularly from countries like Zimbabwe, the Democratic Republic of Congo (DRC), Somalia, and Ethiopia. Economic opportunities, political stability (compared to other regions), and South Africa’s relatively progressive asylum policies have historically made it a prime destination. However, the country’s capacity to manage this influx has been under strain for many years due to a mix of political, social, and economic pressures.

The 1951 United Nations Refugee Convention and Refugees Act defines a refugee as a person who, “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion,” is outside their country of nationality and is unable or unwilling to avail themselves of that country’s protection.

According to the United Nations Agency  UNHCR,  in Africa there is an estimated 1.5 million refugees and asylum seekers, Uganda is the country with the highest number, followed by Ethiopia (880,000) and Sudan (1.1 million). On the other hand, South Africa is home to over 250,000 refugees and asylum seekers, most of whom are from South Sudan, Rwanda, Zimbabwe, Somalia, and the Democratic Republic of Congo. The South African government has faced criticism for its handling of refugee issues, particularly its slow processing of asylum claims and its inadequate support for refugee integration. However, the government has also taken steps to address the backlog in asylum applications and has made efforts to improve border control and streamline the asylum process.

In recent years, there has been a tightening of the country’s refugee and immigration laws, leading to stricter border controls and regulations that make it harder for refugees to enter the country or gain permanent residency

Generally, individuals when requesting asylum/refugee status, are granted a Section 22 permit, which is valid for a maximum of one year and allows them to stay temporarily while they await the outcome of their refugee claim from the Department of Home Affairs South Africa. Furthermore, asylum seekers are permitted to work, study, and reside in South Africa with this authorization. Additionally, it shields them from being regarded as illegal immigrants and from being sent back to their place of origin. This permission may be held by asylum seekers while their case is processed.

South Africa has long struggled with a significant backlog of asylum applications. As of 2024, it remains a major issue. Thousands of asylum seekers are waiting for their cases to be processed, with delays often stretching into years. Refugees and asylum seekers frequently experience challenges in obtaining proper documentation. Many remain undocumented or hold expired asylum seeker permits, which severely limits their access to basic services, such as healthcare, education, and employment. Many refugees live in poor, overcrowded conditions, particularly in informal settlements and urban areas. Access to adequate housing remains a challenge, and many refugees are vulnerable to exploitation, violence, and eviction.

Violent acts motivated by xenophobia remain a serious problem. In the past, there have been waves of xenophobic violence in South Africa that have targeted migrants and refugees. In 2024, tensions between locals and foreigners are still strong, especially when it comes to housing and employment opportunities. South African society’s social inequality, unemployment, and economic hardships all contribute to these conflicts.

Various NGOs and civil society organizations continue to play a crucial role in providing services to refugees and advocating for their rights. These organizations offer legal assistance, food aid, healthcare, and other forms of resources as means of supporting refugees to navigate the difficult conditions they face in South Africa. The Helen Suzman Foundation alongside a Consortium For Refugees and Migrants In South Africa recently opposed a decision of the former Minister of Home Affairs to cancel the Zimbabwean Exemption Permit which has been used by thousands of Zimbabweans who had fled the country for many years ago. The organization won the case in the Pretoria High Court. The courts found that this decision was unlawful and unconstitutional.

Helen Suzman Foundation and Another v Minister of Home Affairs and Others

The Zimbabwe Exemption Permit is a special permit issued in terms of the Immigration Act that allows its approximately 178,000 holders, and their children, temporary legal status to live, work, and study in South Africa. It is the third iteration of a permit that began back in 2009 as the ‘Dispensation for Zimbabweans Project’ (DZP), which the South African government introduced to cope with an influx of undocumented Zimbabweans fleeing political violence around 2008.

The DZP was renewed as the Zimbabwe Special Permit (ZSP) in 2014, which was in turn renewed as the ZEP in 2017. Whether applying for the DZP, ZSP, or the ZEP, applicants had to abandon their attempts at applying for asylum status, show that they had the financial means to support themselves in South Africa, and that they had no criminal record.

As such, today’s ZEP holders are a population of law-abiding and economically active foreign nationals, who have built lives in South Africa over the last thirteen years – after being forced to do so because of desperate conditions in Zimbabwe. Many ZEP holders have children who know no home but South Africa.

In conclusion, this country must improve the manner in which Asylum seekers and refugees are treated. The government should ensure that the delays that happen at Home Affairs with the processing of documents and claims do not exist. This has affected thousands of refugees who do not have access to health, education, and employment opportunities because their permits have either expired or do not have them anymore due to the prevalent crime in South Africa.

In truth, no country will ever be great if it treats its immigrants as unwanted visitors or succeeds while neighboring countries are critical predicament of political instability and economic decay.

Yolokazi Mfuto is a communications strategist at the DDP and writes in her personal capacity.