South Africa: Government to Seek Court Guidance On Asylum Ruling, Introduce Registration System

What the report says

South Africa’s government says it will seek court guidance on how to implement the Constitutional Court’s ruling on asylum applications, while also preparing a new registration process for people who intend to seek asylum. The announcement was made in Pretoria by the Inter-Ministerial Committee on Migration, which said it had reviewed the legal and administrative implications of the 7 July 2026 judgment. The court found parts of the Refugees Act unconstitutional, including provisions that allowed deportation of asylum seekers who entered without a transit visa.

According to the committee, the Department of Home Affairs is expected to roll out a phased intention-registration and appointment system by 10 November 2026. Under the plan, applicants would register online, receive a receipt with personal and biometric details, and be given an appointment at a Refugee Reception Office. Assisted registration would also be available at offices and, in some cases, for people in detention. Officials said the receipt would confirm an intention to apply, but would not itself grant refugee status or a visa.

The government said the system is meant to support the legal protection against refoulement, or forced return to danger, once a person has declared an intention to seek asylum. It also said agencies including police, correctional services and the courts will be informed of the arrangement. People whose claims have already been finally rejected would not be able to restart protection simply by filing again, though genuinely new claims would be reviewed.

The broader response includes planned legislation on citizenship, immigration and refugee protection, as well as further High Court proceedings scheduled for 29 October 2026. The measures matter because they affect how South Africa balances constitutional compliance, border management and the treatment of asylum seekers.