South Africa’s government plans to ask the courts to clarify how it must give effect to a Constitutional Court ruling on asylum applications. The Department of Home Affairs is preparing to launch a new registration and appointment system by November 10, 2026, after the court found unconstitutional the provisions allowing asylum seekers to be deported for entering the country without a transit visa.
Justice Minister Mmamoloko Kubayi said the government is seeking a supervisory order to define the steps required to implement the judgment while keeping the process aligned with the law. Under the planned system, people intending to seek asylum will register their details and receive a receipt confirming both their registration and their appointment.
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The receipt will prevent applicants from being removed to countries where they may face persecution, but it will not give them refugee status. Alongside the court process, the government is pursuing legislative changes and plans to move refugee reception centres to ports of entry, starting with Beitbridge in December.
