By Lehlohonolo Lehana.
Inter-Ministerial Committee (IMC) on Migration chairperson Mmamoloko Kubayi says government will ask the Constitutional Court for a supervisory order on implementing its ruling on the processing of asylum applications.
On 7 July, the Constitutional Court struck down provisions of the Refugees Act that restricted access to the asylum system for people who entered South Africa irregularly or failed to report to a refugee reception office within five days.
The court found that these procedural requirements could prevent people with legitimate claims from having their applications assessed on their merits.
On 28 September, Home Affairs issued a directive instructing refugee reception offices to accept people who indicated that they intended to apply for asylum, including those who had entered the country unlawfully or did not have the required documentation.
The department subsequently withdrew the directive after refugee reception offices were overwhelmed by the number of people seeking to apply for asylum.
Kubayi said the government had received legal advice that it could seek a supervisory order from the courts to guide implementation of the judgment. The government may also ask for a suspension period to give Home Affairs time to build the capacity needed to comply.
The minister announced the measures on Sunday, 11 October 2026, in Pretoria during a media briefing.
The announcement comes after anti-immigrant protests in Durban and Soweto turned violent this week.
Kubayi said 30 people had been arrested since Thursday – 25 in KwaZulu-Natal and five in Gauteng. The alleged offences included public violence, illegal gathering, obstruction and resisting arrest.
While condemning protests that result in looting and intimidation, Kubayi also raised concerns about the growing spread of inflammatory and misleading content online.
She said freedom of expression is constitutionally protected, but warned that incitement to violence, intimidation, hate speech and criminal conduct are not protected and would not be tolerated.
Accordingly, Government will request the Court to provide guidance on the nature and scope of the supervisory measures that may be required, as well as the appropriate duration of any suspension period necessary to build the operational capacity required for implementation.
“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, said Kubayi.
A supervisory order could allow the court to retain oversight of the implementation process and provide a suspension period for Home Affairs to strengthen its administrative, human resource, infrastructure and processing capacity.
She said government remained committed to upholding the Constitution, the rule of law and South Africa’s national and international obligations towards refugees and asylum seekers.
She also emphasised that Government remained legally bound to comply with the existing court order while pursuing further legal guidance.
“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, and we believe we will be able to find that balance, though we need time and patience that we will request formally from the court and that we are requesting today from our citizens,” Kubayi said.
The Department of Home Affairs is expected to introduce a phased intention-registration and appointment model for asylum applications by 10 November 2026.
Under the proposed system, applicants will register their intention to seek asylum through an online platform and receive a receipt recording their personal particulars, biometric information, reference number and appointment at a Refugee Reception Office.
Assisted registration will be available at Refugee Reception Offices and, upon request, for people in police or immigration detention through officials, legal representatives and civil society partners, in the main languages.
The receipt will serve as proof that a person has declared an intention to seek asylum. It will not constitute a section 22 visa or recognition of refugee status.
In parallel, the Minister of Home Affairs Leon Schreiber is drafting legislation aligned 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 will, among other things, provide for remote lodging of asylum applications.