Kubayi outlines plan to implement asylum seeker ruling
Minister of Justice Mmamoloko Kubayi says the move would allow courts to oversee the process
The Inter-Ministerial Committee on Migration (IMC) has announced plans to seek a supervisory order from the courts to help enforce a Constitutional Court ruling concerning asylum seekers. Minister of Justice and Constitutional Development, Mmamoloko Kubayi, revealed this move during a media briefing in Pretoria on October 11, 2026.
Kubayi explained that the government's intention is to work with the courts to ensure the ruling is implemented in an orderly and sustainable manner. This approach, she stated, would allow for the court to maintain oversight of the implementation process and provide guidance on how the order should be executed. Additionally, the supervisory order could include a suspension period, which would grant the Department of Home Affairs ample time to enhance its administrative, human resource, infrastructure, and processing capabilities necessary for effective and sustainable implementation of the judgment.
Kubayi urged South Africans to exercise patience as legal teams are actively exploring ways to address the situation. This plan aims to comply with the Constitutional Court's ruling while simultaneously empowering the Department of Home Affairs to bolster its administrative and processing capacity.
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