The Inter-Ministerial Committee on Migration has outlined its legal response to the Constitutional Court judgment on asylum applications, stating it will seek a supervisory order from the courts while introducing a structured registration system for new claims.
The committee, chaired by Justice Minister Mmamoloko Kubayi, is navigating the complex terrain between complying with the apex court’s ruling and addressing public concerns about undocumented migration. The supervisory order would allow the judiciary to oversee the implementation of the judgment and hold the executive accountable for compliance.
The new registration system is expected to include biometric data collection, streamlined processing, and closer coordination between Home Affairs and law enforcement. The government insists the measures are not intended to shut out genuine asylum seekers but to ensure the system is orderly, fair, and resistant to abuse.
“We are committed to upholding our constitutional and international obligations,” Kubayi said. “But we must also ensure our systems address the legitimate concerns of South Africans.”
The announcement comes amid heightened tensions over migration, including recent protests and the planned relocation of refugee centres to border areas. Civil society has welcomed the structured approach but cautioned against measures that could undermine access to protection for vulnerable individuals.
As the government prepares to engage the courts and roll out the new system, the challenge will be balancing legal obligations with public expectations, a deeply polarising issue that will continue to test the nation’s commitment to human rights and social cohesion.
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