South Africa’s new First Secure Nation precept represents an enormous shift for the way it can legally deal with refugees and asylum seekers. Launched as a white draft coverage paper in December 2025, because of its controversial nature, alternative to remark has been prolonged to Sunday 15 February 2026.
In essence, the First Secure Nation precept means if somebody passes by way of a protected nation earlier than reaching South Africa, they’ll not be eligible to say asylum right here. Dwelling Affairs believes it will cease individuals from selecting South Africa particularly as a spot to say refugee standing. Subsequently, they should be granted asylum within the first protected nation they arrive in.
SA’S NEW FIRST SAFE COUNTRY PRINCIPLE
The Division of Dwelling Affairs’ new First Secure Nation precept is notable for what it has dropped in comparison with an earlier 2024 model. Consultants say authorities has backed off plans to withdraw from worldwide refugee conventions. This consists of the coverage of non-refoulement, which suggests sending an asylum seeker again to a rustic the place their rights have been violated.
So, on the entire, Dwelling Affairs’ strategy is definitely a greater one. However civil society teams are nonetheless apprehensive the First Secure Nation precept will probably be troublesome to implement. The core drawback, studies GroundUp, is the definition of the time period ‘protected.’ For instance, many African nations lack protections in opposition to gender-based violence and nonetheless criminalise homosexuality.
POLICY CHANGE COULD KEEP PEOPLE IN DANGER
Subsequently, weak individuals fleeing abuse en path to South Africa might actually not be protected in lots of nations. And so they could also be turned away by the asylum system with out correct assessments after they do lastly attain South Africa. It will successfully push them again right into a harmful scenario, with out an official deportation.
The introduction of the First Secure Nation precept follows quite a few court docket judgments that raised the alarm on xenophobia in South Africa. Actions of vigilante teams in opposition to foreigners, resembling Operation Dudula, prioritised such rulings. The aforementioned is a South African anti-immigrant motion, originating in Soweto, that goals to ‘drive out’ (Dudula in isiZulu) undocumented foreigners from the nation.
All of the draft white papers nonetheless open for remark can be found to be seen .
However what do you suppose? Are you a refugee or asylum seeker? Do you agree with the brand new First Secure Nation precept? Remember to tell us your ideas within the feedback part beneath …
