Government Orders Cops Not To Arrest Undocumented Foreigners With Asylum Receipts

PRETORIA — In an effort to resolve the volatile administrative crisis and curb nationwide civil unrest, Inter-Ministerial Committee (IMC) on Migration Chairperson Mmamoloko Kubayi announced a comprehensive operational model governing asylum-seekers’ applications.

Under this new framework, the Department of Home Affairs will introduce a structured phased registration model designed to streamline intake through a dedicated online platform. Crucially, Kubayi confirmed that executive instructions are being issued directly to frontline state officials, the Border Management Authority (BMA), and the South African Police Service (SAPS) mandating that law enforcement must not arrest, detain, or deport individuals who have formally declared an intention to apply for asylum and who hold valid official proof or a receipt of that intention.

Elaborating on the procedural mechanics during a national briefing, the IMC leadership explained that the digital intake receipt will record the holder’s personal details, biometric identifiers, a unique reference number, and a scheduled appointment date at a designated Refugee Reception Office (RRO). While this receipt operationalizes the principle of non-refoulement under international law and protects holders from administrative arrest for lacking standard visas while awaiting formal processing, Kubayi emphasized that the document does not constitute a Section 22 visa, nor does it automatically grant recognized refugee status.

The policy clarification directly addresses widespread confusion and friction that sparked recent violent protests in Gauteng and KwaZulu-Natal. The Department of Home Affairs aims to balance constitutional obligations with public security by ensuring that law enforcement agencies—including the SAPS, the National Prosecuting Authority, and correctional facilities—are fully synchronized with the directive.

At the same time, the government issued a stern warning that protection applies strictly to genuine first-time applicants. Individuals present in the country illegally who fail to register their intention, or those whose asylum claims have been definitively rejected through exhausted legal review processes, will continue to face uncompromised arrest and accelerated deportation under existing immigration statutes. State security clusters remain deployed across metropolitan flashpoints to ensure that administrative restructuring proceeds under conditions of strict public order.

https://x.com/Newzroom405/status/2109200610952130800

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