The South African home affairs department is set to launch a phased online registration and appointment model for asylum applications by November 10. This move comes in response to mounting unrest and overwhelmed offices. The new system aims to provide an orderly and practical way to implement a Constitutional Court ruling that allows foreign nationals to access processing centres.
The Constitutional Court ruling led to a directive that allowed foreign nationals to submit asylum seeker applications at home affairs offices. However, this directive was withdrawn on September 28 after it sparked widespread unrest, including arson in Soweto and Durban. The withdrawal of the directive did not alter the department's commitment to comply with the Constitutional Court ruling.
Under the new system, asylum seekers will first access an online platform to register their intention to apply for asylum. A receipt will be issued online, with an appointment booked at refugee reception offices. The receipt will not amount to refugee status or an asylum seeker visa but will serve as proof that a person has declared an intention to apply for asylum.
Justice minister Mmamoloko Kubayi, who chairs the interministerial committee on immigration, emphasized that the receipt will trigger protection under the law. The department will instruct border authorities, inspectors, and office staff not to arrest, detain, or deport holders of valid receipts solely for lacking a visa while their applications are pending.
The new model is part of the government's effort to ensure that the court judgment is implemented in a way that does not create further administrative disruption. The government will seek a court supervisory order and suspension period to manage implementation. This order may also include a suspension period to allow the department to develop and strengthen administrative, human resource, infrastructure, and processing capacity.
The new system will not allow people whose asylum claims have already been finally rejected to lodge new asylum applications. If an individual fails to attend their appointment without a valid reason, their application will be considered null and void, and they will be subject to deportation. Kubayi emphasized that deportations will continue and have not stopped.
The government is seeking time and patience from its citizens as it works to implement the new system. Kubayi acknowledged the impatience and concerns raised by citizens, assuring them that the department is working to find a balance between enforcing the law and providing a safe and orderly process for asylum seekers.
Key points
- The online asylum system will be launched in phases by November 10.
- Asylum seekers will receive a receipt after registering online, which will serve as proof of their intention to apply for asylum.
- The new system will not allow people with previously rejected asylum claims to lodge new applications.
