March and March “aftershock” floods Joburg court in asylum cases

Johannesburg's Gauteng High Court is grappling with a surge in urgent asylum cases involving undocumented foreign nationals, a direct result of the March and March "they must leave" campaign. Judge Mandlenkosi Motha revealed that nearly 60 applications were on his docket last week, all from individuals held at the Lindela Repatriation Centre.

Twenty-one cases proceeded, involving Ethiopian, Congolese, and Nigerian nationals who had not undergone asylum interviews. Judge Motha dismissed catch-and-release procedures, deeming them undignified and corruptive. He also stated that merely expressing an intention to apply for asylum does not warrant release. The Constitutional Court's recent ruling has created a legal gap, with specific criteria for asylum seekers' deportability left undefined.

This has left lower courts in a difficult position, struggling to make consistent judgments. Despite the court's emphasis on the importance of asylum seekers' rights, it criticized the lack of representation from less resourced NGOs and NPOs. Judge Motha ordered the respondents to cover all application costs, urging courts to avoid an echo chamber and consider the perspectives of marginalized communities.