South Africa’s Government will seek court guidance on implementing a Constitutional Court ruling on asylum applications, as Home Affairs prepares to introduce a structured registration and appointment system by 10 November 2026.
The Inter-Ministerial Committee on Migration announced the measures in Pretoria on Sunday, 11 October 2026, following a review of the legal and administrative implications of the judgment delivered on 7 July 2026.
The ruling declared unconstitutional provisions of the Refugees Act that allowed asylum seekers without transit visas to be deported.
IMC Chair Mmamoloko Kubayi said the government would seek court supervision and time to strengthen its processing capacity, while remaining bound by the existing order. “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,” she said.
Under the proposed system, applicants will register their intention to seek asylum online and receive a receipt with an appointment at a Refugee Reception Office. Assisted registration will also be available.
Valid receipt holders must not be deported, arrested or detained solely for lacking a visa while their applications await submission and determination. However, the receipt will not confer refugee status or constitute an asylum visa.
The Government is also preparing legislative reforms and plans to begin relocating refugee reception centres to ports of entry, starting with Beitbridge in December 2026.
Meanwhile, a High Court hearing on 29 October 2026 will consider conflicting directives concerning asylum seekers, with implications for implementing the Constitutional Court ruling.