The South African government will return to court to seek guidance on implementing a recent Constitutional Court ruling that struck down key parts of the Refugees Act governing the asylum application process. The announcement came during a media briefing on 11 October 2026 by Justice and Constitutional Development Minister Mmamoloko Kubayi.
On 7 July 2026, the Constitutional Court confirmed that certain provisions of the Refugees Act were unconstitutional and invalid, upholding a challenge brought by the Scalabrini Centre of Cape Town and others. The judgment affects how asylum seekers access the system and has prompted urgent legal and administrative responses from Home Affairs.
The government stated it will ask the court for a supervisory order to clarify how to comply with the ruling. This may include requesting a suspension period to allow the Department of Home Affairs to build operational capacity necessary for implementation. “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 during the briefing.
As part of the response, Home Affairs plans to introduce a phased intention-registration and appointment system for asylum applications by 10 November 2026. The proposed system involves online registration where applicants submit personal and biometric information to receive a receipt, reference number and a scheduled appointment at a Refugee Reception Office. This marks a significant change from the current walk-in approach.
According to the Inter-Ministerial Committee on Migration, details of the supervisory measures requested from the court will include the nature and scope of oversight and timing of any execution suspension to build required capacity. However, it remains unconfirmed whether the court will grant these requests.
Several operational details of the new online platform remain unclear. Independent verification is still pending on aspects such as the number of Refugee Reception Offices that can accommodate the expected volume of appointments, how the system will serve those without internet access, and whether it will fully resolve existing queues and administrative backlogs.
The Refugees Act ruling and the government’s planned response hold importance for thousands of asylum seekers navigating Cape Town’s and South Africa’s immigration systems. Efficient processing affects humanitarian access, social integration, and broader public service management.
The Cape Flats community, often at the frontline of migration flows, watches closely as Home Affairs moves to align its systems with constitutional standards while maintaining service quality and fairness.
The government’s exact legal arguments and Home Affairs’ operational readiness will be tested in upcoming court proceedings. Cape Flats.co.za will monitor developments and provide updates on new rulings or rollout progress on the registration system.