FACT CHECK: Disinformation Claims Surrounding Asylum Seekers, Voting Rights, and the Scalabrini Judgment
Fact-checking these claims against South African law and recent official statements from the Department of Home Affairs and the Electoral Commission of South Africa (IEC) reveals significant misrepresentations of the law.
1. Do Asylum Seekers Have the Right to Vote in South Africa?
Claim: Asylum seekers and foreign nationals are being registered to vote in South African elections.
Fact Check: False.
Under Section 19 of the Constitution of South Africa and the Electoral Act (Act 73 of 1998), the right to vote in national, provincial, and local government elections is strictly restricted to South African citizens.
Holding an asylum seeker permit, refugee status, or a temporary residency document confers no voting rights under South African law.
Requirements for Voter Registration
To qualify for the national voters' roll, an individual must meet all of the following criteria:
Hold South African citizenship.
Be 18 years of age or older (registration allowed from age 16).
Possess a valid South African green barcoded ID book, Smart ID card, or Temporary Identity Certificate (TIC) issued by the Department of Home Affairs.
2. Disinformation Surrounding the Scalabrini Constitutional Court Ruling
On 7 July 2026, the Constitutional Court delivered a judgment in Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others. The Court declared certain procedural provisions of the Refugees Act unconstitutional, affirming that administrative defaults cannot automatically bar asylum seekers from having their claims assessed on their merits.
Following the decision, social media narratives claimed that the judgment granted foreign nationals automatic citizenship, blanket legalisation, or voting rights.
Chronology and Official Directives
07 October 2026 β Statement on Disinformation: The Department of Home Affairs issued a public statement condemning what it described as a coordinated disinformation campaign. The Department clarified that the Constitutional Court judgment deals strictly with administrative processing under the Refugees Act and does not grant citizenship, voting rights, or automatic legalisation to foreign nationals. The Department stated that the matter would be referred to the IEC under the Code of Conduct on Countering Disinformation.
28 September 2026 β Initial Operational Directive: To comply with the court order, an operational directive was issued to Refugee Reception Offices (RROs) by the Director-General's office to adjust intake processing.
09 October 2026 β Withdrawal of Directive: The Director-General formally withdrew the 28 September directive. The Department cited unforeseen operational challenges, including RROs becoming overwhelmed within days and emerging threats to public safety.
Home Affairs stated it will formulate a revised operational strategy to meet its legal obligations under the Constitutional Court ruling while maintaining public safety and administrative order.
3. Official References & Information
Electoral Rules: Voter eligibility criteria can be verified on the official
Electoral Commission of South Africa (IEC) Registration Verification: Registered voters can confirm their details via the
IEC Voter Portal Legal Information: Details regarding constitutional rights and administrative justice are maintained in official government and judicial publications.
As South Africa navigates election cycles, public vigilance regarding online claims remains essential for public order and electoral integrity. Verifying regulatory claims against official legal sources, such as the Electoral Commission and the Department of Home Affairs, helps prevent the spread of misleading information. Maintaining factual accuracy in public discourse supports transparency and adherence to the rule of law.
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