The South African government plans to introduce a new asylum registration system by 10 November in an effort to address the country's overwhelmed asylum system. Justice Minister Mmamoloko Kubayi announced the plans on Sunday, 11 October, stating that the government had received legal advice that it could seek a supervisory order from the courts to guide implementation of the judgment. This move comes after anti-foreigner protests in Durban and Soweto turned violent earlier in the week.
The Constitutional Court ruling, issued on 7 July, 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. In response, Home Affairs issued a directive instructing refugee reception offices to accept people who indicated that they intended to apply for asylum.
However, the department subsequently withdrew the directive after refugee reception offices were overwhelmed by the number of people seeking to apply for asylum. Kubayi said 30 people had been arrested since Thursday – 25 in KwaZulu-Natal and five in Gauteng – for alleged offences including public violence, illegal gathering, obstruction, and resisting arrest. The government condemned the protests that resulted in looting and intimidation.
The proposed registration system will allow people intending to seek asylum to register online and receive a receipt containing their personal details, biometric information, a reference number, and an appointment at a refugee reception office. Assisted registration will be available at reception offices and, on request, for people held in police or immigration detention. Officials, legal representatives, and civil society organisations will be able to help with registration.
The receipt will not be a section 22 visa and will not confer refugee status, but will record the person's intention to apply for asylum and provide proof of that intention while the person awaits an appointment to lodge a formal application. Kubayi said Home Affairs would instruct its officials and the Border Management Authority not to remove or return holders of valid receipts to countries where they could face persecution or serious harm.
The government acknowledged that the state remained legally bound by the Constitutional Court order and could be found in contempt of court if it failed to comply. Kubayi said the system would accommodate people without devices or documents, protect personal information, and include published service standards, a complaints process, and statistics available to the courts. The proposed system aims to prevent a repeat of the queues that formed after the September directive.
The government will need to obtain any further relief it seeks from the court, and it remains to be seen whether Home Affairs can introduce the system by the announced deadline and provide enough appointments to meet demand. The department has five refugee reception offices, and the influx of applicants following the September directive exposed its limited capacity to process them.
Key points
- The South African government will seek a supervisory order from the courts to guide implementation of the Constitutional Court ruling.
- A new asylum registration system will be introduced by 10 November to address the overwhelmed asylum system.
- The government condemned the anti-foreigner protests that turned violent in Durban and Soweto.
