A panel of judges in South Africa has been convened to hear the government's bid for court supervision over the implementation of a Constitutional Court judgment on asylum seekers. The hearing, scheduled for October 29, comes as the government seeks additional time to strengthen its capacity to comply with the ruling. The government has been advised to approach the courts for a supervisory order, which would enable the court to retain oversight of the implementation process.
The Constitutional Court judgment in question was handed down on July 7, and the government is now seeking a possible suspension period to give the department of home affairs time to strengthen its administrative, human resource, infrastructure, and processing capacity. Minister of justice and constitutional development Mmamoloko Kubayi stated that the proposed approach is intended to ensure the government fulfills its constitutional obligations without disrupting the administration of the asylum application process.
During a media briefing, Kubayi explained that the government would ask the court to determine the scope of the supervisory measures required and the appropriate duration of any suspension. She stressed that the move is not intended to delay compliance with the judgment but to ensure it can be implemented effectively and sustainably. The government remains legally bound by the existing court order while it considers its next steps, warning that failure to comply could amount to contempt of court.
The announcement comes after violent protests in KwaZulu-Natal and Gauteng last week, during which several cars and houses were torched and stores looted. Kubayi acknowledged public concerns about migration, stating that the inter-ministerial committee on migration is trying to balance compliance with the court order with the concerns raised by South Africans.
Kubayi welcomed the home affairs department's planned introduction of a phased intention-registration and appointment system for asylum seekers by November 10. Under the proposed system, people intending to seek asylum will be able to register online and receive a receipt containing an appointment at a Refugee Reception Office. Assisted registration will be available at every Refugee Reception Office and on request for people held in police or immigration detention.
The phased system aims to ensure there is no interruption in access to the asylum application process. Officials, legal representatives, and civil society partners will provide assistance in the main languages. The receipt will record the applicant's personal particulars, biometric information, declared intention to apply for asylum, reference number, and appointment details. It will also clarify that the document does not confer recognized asylum status.
The government is taking steps to address public concerns while ensuring compliance with the Constitutional Court judgment. Kubayi requested patience and space to implement the necessary measures, emphasizing the government's commitment to fulfilling its constitutional obligations. The court hearing on October 29 will consider submissions on the administrative implementation of the Constitutional Court judgment.
Key points
- The South African government is seeking a supervisory order to oversee the implementation of a Constitutional Court judgment on asylum seekers.
- The government is also seeking a possible suspension period to strengthen its capacity to comply with the ruling.
- A phased intention-registration and appointment system for asylum seekers is set to be introduced by November 10.
