DURBAN: A member of the African National Congress Youth League in North West is under scrutiny following claims of a social media post that allegedly called for violence against Jacinta Mangobese Zuma, an activist and co-founder of the March and March Movement. Zuma intends to file a criminal complaint regarding the matter at the Durban Central Police Station this Tuesday.
Zuma has urged the public to back her as she approaches the police at 14:00 on Tuesday.
These allegations arise amid a heightened national conversation surrounding immigration and asylum seekers, spurred by a recent ruling from the Constitutional Court involving the Department of Home Affairs.
On July 7, 2026, the court upheld that certain provisions of the Refugees Act concerning asylum seekers who entered South Africa illegally, failed to report within five days, or lacked an asylum transit visa were found unconstitutional and thus invalid.
The court stated that failing to adhere to procedural requirements alone cannot bar an asylum seeker from having their application considered on its merits due to the principle of non-refoulement, which is designed to safeguard individuals from being sent back to nations where they could face persecution or serious risk.
This ruling does not grant undocumented migrants an automatic entitlement to permanent residence in South Africa; instead, it mandates that authorities permit an asylum claim to be processed appropriately before a determination is made on the individual’s eligibility for refugee status.
Following the judgment, the Home Affairs department directed refugee reception facilities to accept applications from individuals expressing a desire to seek asylum, including those who have entered the country unlawfully. The department has cautioned that this policy shift could place significant strain on the asylum process.
In a different decision from May 2026, the Constitutional Court ruled that the Refugees Act does not confer a general right for asylum seekers with finalized rejections to continuously submit new applications.
The alleged threats against Zuma have yet to be validated in a court of law, and Gemba has not publicly addressed the alleged remarks or explained the call to violence directed at her.
It will be up to the police to ascertain whether the allegations outlined in the complaint amount to criminal offenses and determine if further investigation or legal proceedings are warranted.
