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South Africa to ask a court to oversee its asylum fix

A new registration system is promised by 10 November. Thirty people have been arrested over the unrest, and deportations of those with no claim will continue.

Olanrewaju Adewole
Pretoria2 min read
The entrance to South Africa's Constitutional Court in Johannesburg.
The entrance to South Africa's Constitutional Court in Johannesburg. File photo: André-Pierre / Wikimedia Commons (CC BY 2.0)

South Africa's government will ask a court to supervise its efforts to repair the asylum system, after a week in which its first attempt to comply with a Constitutional Court ruling collapsed amid violent protests, Daily Maverick reports.

The justice minister, Mmamoloko Kubayi, announced the plan on Sunday. The state will seek a supervisory order, and possibly a period of suspension to give Home Affairs time to build the staff and systems it needs.

"The objective is not to delay compliance, but to ensure effective and sustainable compliance," she said. The state remains bound by the judgment and could be held in contempt if it does not comply.

A new way to register

Home Affairs says a new registration system will be ready by 10 November.

  • People will be able to register an intention to apply for asylum online, or with help, including from detention.
  • They will receive a receipt with their details, biometrics, a reference number and an appointment.
  • The receipt is not a visa and does not grant refugee status. It proves only that the holder intends to apply.
  • Holders are not to be arrested or deported solely for lacking a visa while their claim is decided.

People whose claims have already been finally rejected will not be able to start again by registering a second time. Deportations will continue for those who are in the country unlawfully and have not applied.

The arrests

Thirty people have been arrested since Thursday, 25 of them in KwaZulu-Natal and five in Gauteng, for offences including public violence and illegal gathering.

Kubayi condemned the looting and intimidation and warned about misleading content online. Free expression is protected, she said. Incitement and hate speech are not.

What comes next

A panel of High Court judges will sit on 29 October to resolve conflicting rulings on how asylum seekers in detention should be treated. From December, refugee reception centres are to move to border posts, starting with Beitbridge.

This report is based on reporting by Daily Maverick.

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