Government to seek Constitutional Court oversight of asylum ruling over anti-illegal immigrant protests

The Inter-Ministerial Committee (IMC) will seek a supervisory order from the Constitutional Court to oversee the implementation of its recent ruling allowing undocumented immigrants to apply for asylum in South Africa. This announcement follows violent protests in KwaZulu-Natal and Gauteng last week, where several cars and houses were burned, and stores were looted.

IMC chairperson Mmamoloko Kubayi addressed the public on Sunday to explain the government's response to the Constitutional Court judgment. She emphasized the need for the public to work with the government in resolving the issue and exercising restraint during protests. Kubayi reiterated the government's commitment to upholding the Constitution, the rule of law, and South Africa's obligations towards refugees and asylum seekers.

The IMC plans to request a supervisory order from the court, which would provide guidance on operationalizing the order and potentially include a suspension period to strengthen administrative capacity. The government aims to avoid administrative disruption while ensuring the rights recognized by the court are progressively and meaningfully realized.

The IMC has directed relevant government departments and entities to participate in a court hearing scheduled for October 29, 2026, to review conflicting directives on asylum seekers. The Department of Home Affairs has planned to introduce a phased intention-registration and appointment system for asylum seekers by November 10, 2026, to ensure uninterrupted access to the asylum application process.