The government will approach the courts for guidance on implementing a Constitutional Court asylum ruling amid public concern and unrest, while introducing a new registration system and addressing security concerns.
At a media briefing yesterday, the Inter-Ministerial Committee (IMC) on Migration outlined its legal strategy and confirmed that 30 people had been arrested since Thursday amid incidents of unrest.
Justice and Constitutional Development Minister Mmamoloko Kubayi said the government was not opposed to implementing the July 7 Constitutional Court judgment but needed guidance on its practical implications.
“We see this judgment. It has implications. We are not against implementing it. We understand what it means and what it doesn’t mean, but there are practical implications and challenges,” Kubayi said.
She said the government will seek a supervisory order from the Constitutional Court to guide implementation. A separate High Court process will address conflicting Johannesburg and Pretoria judgments on asylum applications.
Kubayi said the implications extended beyond Home Affairs, requiring a coordinated government response.
“The implications are not just for Home Affairs. There may be other unintended consequences, which the legal team will go through, process and present to the court from various areas.
“We will combine those submissions, not only as Home Affairs but as government, and deal with them,” Kubayi said.
They revealed that a panel appointed by the Gauteng Judge President is expected to hear the High Court matter on October 29.
Home Affairs Minister Leon Schreiber said the department was developing a virtual asylum application system and planned to relocate refugee reception officers to ports of entry to address capacity constraints.
The department had achieved turnaround times of 30 days for first-time applications, but appeals remained a challenge because of an inherited backlog.
“We now need to use the opportunity to make our systems more efficient and make sure that we can have quick turnaround times,” Schreiber said.
He said delays and inefficiencies could be exploited by people without legitimate asylum claims.
“If we can tackle the inefficiencies and the delays in the process, we actually remove one of the big gaps that get exploited by people who don’t have legitimate claims,” he said.
The government plans to introduce a registration system by November 10, allowing people to register their intention to seek asylum and receive an appointment at a Refugee Reception Office. The receipt will record their details and declared intention to apply but will not constitute a visa or recognition of refugee status.
Schreiber said the department needed to establish how many applications the new arrangements would generate to avoid creating another backlog.
Minister in the Presidency Khumbudzo Ntshavheni said Home Affairs had not consulted the IMC before issuing its directives, despite their implications for other departments and national security.
“There was nobody caught off guard. It’s just that Home Affairs did not consult with the IMC,” she said.
Ntshavheni said the committee had resolved that no immigration directives, whether operational or otherwise, would be issued without full consultation.
“Those directives created a national security challenge for us, which we are also responding to,” she said, adding that the government would outline the concerns in its submissions to the High Court panel.
Of the 30 people arrested since Thursday, 25 were arrested in KwaZulu-Natal and five in Gauteng. The alleged offences include public violence, illegal gathering, obstruction and resisting arrest. Some suspects were allegedly involved in threats to disrupt football matches in Durban.
Acting Police Minister Firoz Cachalia rejected allegations that police were protecting particular groups during the unrest, saying there was “absolutely no truth to that insinuation”.
He warned that “there can’t be fiefdoms in South Africa”, urging communities not to take the law into their own hands.
Law enforcement operations are continuing as authorities seek to prevent further violence, intimidation, looting and property damage.
Kubayi said the government remained legally bound by the Constitutional Court order while seeking guidance on implementation.
Plans to relocate refugee reception centres to ports of entry are expected to begin with Beitbridge by December. The government also intends to pursue legislative changes aligned with its revised White Paper on citizenship, immigration and refugee protection.
The IMC urged communities to exercise restraint and allow legal processes to proceed within the framework of the Constitution and the rule of law.