Judge President Ledwaba seeks clarity on asylum seeker deportations

Gauteng Judge President Aubrey Ledwaba has sought clarification from a Full Court regarding the treatment of undocumented asylum seekers who are detained and awaiting deportation. The Full Court consists of a panel of judges from the Gauteng High Court. This request followed the Constitutional Court's unanimous decision in July, which invalidated certain sections of the Refugees Act and affirmed that detained or undocumented asylum seekers with plans to apply for asylum cannot be arbitrarily turned away, penalized for irregular entry, or detained or deported without proper access to refugee status determination.

Two Gauteng High Court judges delivered conflicting rulings on matters concerning the same issue. One judge held that once a detainee expresses an intention to seek asylum, their release from detention should be immediate. Conversely, another judge in a different case did not release the applicants but instructed Home Affairs to expedite their asylum interviews. Consequently, Judge President Ledwaba imposed a temporary halt on hearing similar applications in Gauteng until legal clarity is attained.

Tensions are mounting at the Durban Refugee Reception Centre as more asylum seekers join the lines, with some residents blaming the police for prioritizing the protection of foreign nationals over South Africans.