By Levy Masiteng
The Inter-Ministerial Committee (IMC) on Migration will seek a supervisory order from the Constitutional Court and more time to strengthen Home Affairs’ administrative capacity to implement its judgment on asylum applications.
Justice and Constitutional Development Minister Mmamoloko Kubayi made the announcement during a media briefing in Pretoria on Sunday.
She said government had considered the implications of the Constitutional Court’s 7 July 2026 judgment in the Scalabrini Centre of Cape Town matter and had received legal advice that it could approach the court for further guidance on implementing the order.
The Constitutional Court ruled that provisions of the Refugees Act preventing people from accessing the asylum process because of procedural non-compliance were unconstitutional.
The ruling did not automatically grant applicants asylum, refugee status or citizenship, as was claimed this week on social media, and which led to violent protests in parts of Soweto and Durban.
“Following detailed legal consultations, we have been duly advised that Government can approach the courts to seek a supervisory order in this regard,” Kubayi said.
She said a supervisory order would allow the court to retain oversight of the implementation process and provide guidance on how the judgment should be operationalised.
Additionally, the government will ask the court to consider an appropriate suspension period to give the Department of Home Affairs (DHA) time to build the administrative, human resource, infrastructure and processing capacity required to implement the ruling.
“The objective is not to delay compliance, but to ensure effective and sustainable compliance that serves both the administration of justice and the broader public interest,” Kubayi said.
“We are in a situation where the IMC must find a balance between compliance with the court order and listening to the concerns of many South Africans.”
The announcement followed upheaval surrounding the administration of asylum applications following the Constitutional Court judgment.
Violent protests erupted in parts of KwaZulu-Natal and Gauteng after the DHA issued a directive in response to the ruling. The department subsequently withdrew the directive as asylum seekers gathered at refugee reception offices, while unrest saw vehicles torched and businesses of locals and foreigners targeted and looted.
New asylum registration system
Government said it plans to introduce a structured intention-registration and appointment system for asylum seekers by 10 November.
The IMC said DHA will develop an online platform through which people intending to apply for asylum can register their intention and receive a receipt containing their particulars, biometric information, reference number and appointment at a Refugee Reception Office.
“Assisted registration will also be available at refugee reception offices and, on request, for people in police or immigration detention, with assistance from officials, legal representatives and civil society partners,” it said.
Home Affairs Minister Leon Schreiber said the system would use biometric information and security measures to identify applicants and flag those whose asylum claims had previously been rejected.
“The system will be developed with security matters; it will detect people who have been rejected previously of the asylum, so that way they won’t be able to keep replying,” Schreiber said at the briefing.
He also said the department had not approved asylum applications or granted citizenship to foreign nationals as a result of the process being discussed, adding that people whose asylum claims were finally rejected would be deported in accordance with the law.
Under the proposed system, the registration receipt will not constitute a section 22 visa or recognition of refugee status. Instead, it will serve as proof that the holder has declared an intention to seek asylum and will help the department administer the legal protection that applies to such a declaration.
The IMC said a person holding a valid receipt must not be deported, returned to a country where they may face persecution, or arrested or detained solely because they are in South Africa without a visa while awaiting the lodging and final determination of their first asylum application.
The receipt will not prevent deportation for other contraventions of the Immigration Act.
However, government acknowledged that people whose asylum claims had been finally rejected could raise genuinely new claims that returning them to their countries would expose them to persecution or serious harm. Officials would be required to seek legal advice before removing such individuals.
Kubayi said the department plans to issue instructions to Home Affairs officials and the Border Management Authority, while the police, correctional services, National Prosecuting Authority and courts will also be informed of the arrangements.
The proposed platform will also include measures to protect applicants’ personal information, published service standards, a complaints mechanism and monitoring arrangements.
Responding to questions about accommodation for asylum seekers, Kubayi said the government could not determine in advance how many people would arrive to apply, making it difficult to plan for potentially unlimited accommodation.
However, she said the online system would help the department understand the number of people seeking to apply and manage the process accordingly.
Refugee centres to move to borders
Kubayi said the government was also working on broader legislative changes in line with the Revised White Paper on Citizenship, Immigration and Refugee Protection, which Cabinet has approved.
“The proposed legislation is expected to be processed through Parliament in the next financial year and would, among other things, provide for remote lodging of asylum applications,” she said.
Kubayi added that Home Affairs had reported progress in implementing President Cyril Ramaphosa’s announcement in June that refugee reception centres would be moved to ports of entry, beginning with Beitbridge in December.
The government would also consider calls from members of the public to establish refugee camps for people whose applications were still being processed, taking into account the legal and financial implications.
“Protection applies only to people who have asked to make a first application for asylum,” Kubayi said.
“Those who are in the country illegally and have not, and those whose claims have been finally rejected, after any review or appeal, will continue to be deported as the law requires.”
High Court hearing scheduled
The IMC also said that relevant government departments and entities would participate in a High Court hearing scheduled for 29 October.
The hearing, before a panel of judges established by the Judge President of the Gauteng Division of the High Court, will consider two conflicting directives arising from separate judgments concerning the same legal question about asylum seekers.
The panel’s consideration of the matter will have implications for the administrative implementation of the Constitutional Court’s 7 July judgment.
The High Court proceedings are separate from the government’s proposed approach to the Constitutional Court for supervisory relief and additional time to implement its ruling.
Kubayi said the government was pursuing the legal processes while remaining obligated to comply with the existing court order.
She called on South Africans to exercise patience and restraint while the government sought clarity from the courts.
Thirty arrested during unrest
During the briefing, Kubayi also addressed public unrest and tensions surrounding migration. She confirmed that 30 people had been arrested since Thursday for alleged violence and the instigation of instability in communities.
Of those arrested, 25 were in KZN and five in Gauteng. The offences included public violence, illegal gathering, obstruction and resisting arrest.
Kubayi said those arrested included individuals identified as alleged ringleaders who had threatened to disrupt the MTN8 final football match in Durban on Saturday because of migrants.
“The Constitution protects the right to assemble, demonstrate and present grievances peacefully. However, this right does not extend to intimidation, looting, malicious damage to property, public violence or the obstruction of lawful activities,” she said.
She said that the National Joint Operational and Intelligence Structure and provincial joint operational structures were coordinating responses to possible anti-immigrant flare-ups nationwide.
The IMC said the deployment of the South African National Defence Force in KZN formed part of stabilisation efforts involving the military and police.
During the question-and-answer session, police representatives rejected allegations that law enforcement officials in KwaZulu-Natal were showing favouritism towards particular groups during protests.
The police said their presence was intended to maintain peace and stability.
Kubayi said the government had been instructed by the president to manage migration lawfully and called on the public to give the government time to address the issue through the courts and administrative reforms.
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