South Africa seeks court guidance amid anti-immigration protests

The South African government plans to seek court supervision over the implementation of a Constitutional Court ruling on asylum applications following violent anti-immigration protests in parts of the country.

The Inter-Ministerial Committee (IMC) on Migration announced the decision on Sunday, saying the move aims to ensure the ruling is implemented effectively while addressing administrative challenges.

The protests were sparked by a September 28 directive from the Department of Home Affairs, issued following a July 7 Constitutional Court judgment in a case involving the Scalabrini Center of Cape Town.

The directive outlined procedures for processing asylum applications but drew opposition from anti-immigration groups, which interpreted it as an attempt to legalize the status of undocumented migrants.

Demonstrations in Durban and Soweto turned violent, with several vehicles set ablaze. The department subsequently withdrew the directive on Friday.

While addressing the media on Sunday, Justice and Constitutional Development Minister Mmamoloko Kubayi, who chairs the IMC, said the government would request a supervisory court order to clarify how the judgment should be implemented.

The proposed order could allow additional time for the Department of Home Affairs to strengthen its administrative systems and improve asylum processing.

"The objective is not to delay compliance, but to ensure effective and sustainable compliance that serves both the administration of justice and the broader public interest," Kubayi said.

She emphasized that the government remained obligated to comply with the existing judgment while seeking further legal guidance.

The Department of Home Affairs is expected to introduce a new registration and appointment system for asylum seekers by November 10.

Authorities also plan to relocate refugee reception centers to border entry points, beginning with Beitbridge in December.

Meanwhile, police have arrested 30 people in connection with the recent unrest, including 25 in KwaZulu-Natal and five in Gauteng. 

The suspects face charges ranging from public violence to unlawful gatherings.

Kubayi urged residents to avoid violence and pursue their grievances through legal channels, warning against misinformation and intimidation surrounding migration issues.

She maintained that asylum, immigration and border management matters must be handled through lawful processes rather than violence or incitement.