South Africa Seeks Court Order to Manage Asylum Rulings

The South African government will participate in a High Court hearing on October 29, 2026, to resolve conflicting rulings regarding asylum seekers. Mmamoloko Kubayi, Justice Minister and chairperson of the Inter-Ministerial Committee on Migration, announced that the state is seeking a supervisory order to guide the implementation of a July 7 Constitutional Court judgment. That ruling declared sections of the Refugees Act unconstitutional, removing procedural barriers that previously allowed the deportation of asylum seekers who entered the country without transit visas.

Kubayi stated that the government may request a suspension period to allow the Department of Home Affairs to improve its human resource, administrative, and infrastructure capacity. While the government remains legally bound to comply with the judgment to avoid contempt of court, it is attempting to balance these obligations with public concerns following violent anti-foreigner protests in Durban and Soweto that resulted in 30 arrests.

To modernize the process, the Department of Home Affairs plans to launch a phased online registration system by November 10, 2026. This system will provide applicants with receipts as proof of their intention to seek asylum, protecting them from arrest or refoulement. Additionally, the government is drafting new migration legislation and will begin relocating refugee reception centres to ports of entry, starting with Beitbridge in December.