South African social media has been abuzz with claims that asylum seekers will be able to vote in the upcoming local government elections after obtaining legal documentation in the country.
However, the Electoral Commission of South Africa (IEC) has moved to quell the misinformation, stressing that asylum seeker status does not give a person the right to vote in South African elections.
The claims appear to have gained traction amid renewed public debate over immigration and the documentation of people seeking asylum in SA.
IEC rejects voting claim
The IEC said the country’s voting laws remain clear on who is eligible to participate in elections.
“This information is incorrect. Asylum seeker status does not give a person the right to vote in South African elections.
“Only South African citizens who are 18 years or older and on the voters’ roll are eligible to vote. Always verify information through official IEC platforms,” said the commission.
Who is eligible to vote?
According to the IEC, a person must be a South African citizen to register as a voter. While people can register from the age of 16, they may only vote once they turn 18. The commission also requires voters to have an accepted South African identity document or Temporary Identity Certificate.
The clarification comes as SA prepares for the 2026 Local Government Elections, with the IEC confirming that the elections are scheduled for November 4.
Constitutional Court ruling
The confusion around documentation may partly stem from a recent Constitutional Court judgment concerning asylum seekers and people who have entered or remained in SA without complying with certain immigration requirements.
On July 7, the Constitutional Court handed down judgment in Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others, confirming that several provisions of the Refugees Act were unconstitutional and invalid.
The judgment is significant because it prevents certain procedural barriers from automatically shutting people out of SA’s asylum system.
The Court found that sections 4(1)(f), 4(1)(h), 4(1)(i) and 21(1B) of the Refugees Act were inconsistent with the Constitution and invalid. These provisions had the effect of preventing some asylum seekers from accessing a merits-based determination of their refugee claims.
In practical terms, the judgment means that a person’s irregular entry into SA, or certain failures to comply with prescribed procedures, cannot simply be used to prevent their asylum claim from being properly considered.
How to verify election information
But the ruling does not mean that every undocumented foreign national automatically becomes a recognised refugee or asylum seeker, nor does it confer voting rights.
A person still has to go through the relevant asylum process, and recognition as a refugee is distinct from merely applying for asylum or possessing documentation that permits an asylum claim to be processed.
The distinction is particularly important amid misinformation circulating online, where obtaining documentation through the asylum system is being conflated with acquiring South African citizenship.
The IEC has therefore urged members of the public to verify election-related claims through its official platforms rather than relying on posts circulating on social media.
IOL
