South Africa’s Constitutional Court closed a long-contested legal door this week, ruling that foreign nationals cannot file new asylum applications once an initial claim has been rejected. The country’s highest court, which serves as the final court of appeal, determined that allowing unlimited repeat petitions without a proper legislative framework would create what the justices described as a “never-ending cycle,” blocking deportations and generating administrative disorder.
The case that triggered the ruling began in 2018, when two Burundian nationals sought to reapply for asylum four years after their original applications were rejected in 2014. Their argument rested on changed circumstances at home. Between the two applications, Burundi had fractured politically: in 2015, then-President Pierre Nkurunziza’s controversial bid for a third consecutive term sparked violent unrest that killed at least 70 people. The applicants argued that this deterioration justified a fresh look at their cases.
The Supreme Court of Appeal initially agreed and ruled in their favor. The Constitutional Court reversed that decision through a majority judgment, ending the legal basis for the Burundians’ claim and setting precedent for future cases.
Leon Schreiber, South Africa’s minister of home affairs and a Democratic Alliance member within the coalition government, called the outcome a “major victory” against what he termed “abuse” of the refugee system. Speaking to Newzroom Afrika, Schreiber said his department had led the argument against the lower court’s position, warning that upholding it would have allowed individuals to submit new petitions “constantly abuse the system” without restriction. He framed the ruling as essential to building a more “effective and fair system to manage refugees and asylum seekers.”
Meanwhile, the ruling lands against a backdrop of mounting migration pressure. The UN refugee agency recorded more than 167,000 refugees and asylum seekers in South Africa in 2025, with most arriving from Burundi, the Democratic Republic of Congo, Somalia, South Sudan, Rwanda, and Zimbabwe. Official figures place the country’s total migrant population at roughly 2.4 million, just under 4 percent of the population, though unofficial estimates run considerably higher.
Tensions have sharpened in recent months. Waves of protests against undocumented migrants have swept through major cities, with thousands calling for mass deportations. Several African governments have raised concerns with the African Union and issued warnings to their citizens about potential violence on South African soil.
President Cyril Ramaphosa of the African National Congress addressed the unrest this week, describing some anti-immigrant actions as the work of “opportunists.” In an open letter, he wrote that “the recent violent protests and criminal acts directed at foreign nationals in parts of our country do not represent the views of South Africa’s people nor reflect our government’s policy.” The statement drew a deliberate line between policy reform and xenophobic violence.
Whether the Constitutional Court’s ruling will ease administrative pressure on the asylum system, or simply shift the legal disputes elsewhere, remains to be seen.