The latest migration talks come ahead of court consideration on 29 October and a planned Home Affairs registration system in November. Applicants’ claims will still require individual assessment.

Government says proceedings concerning the detention of asylum seekers are scheduled for consideration in the Gauteng High Court on Thursday, 29 October, following renewed engagement with traditional and civil society leaders on migration.

Justice and Constitutional Development Minister Mmamoloko Kubayi outlined the position after a meeting in Pretoria on Monday, 26 October. According to SAnews’s report of the briefing, the Inter-Ministerial Committee on Migration has sought a full-bench hearing to address conflicting Gauteng judgments on detention involving people who have applied for asylum.

The meeting was with a delegation led by iNkosi Malusi Zondi, Chancellor of the Zulu King. Kubayi said its members wanted to participate in migration-related court proceedings. She also urged the public to verify information about the Constitutional Court’s asylum judgment before sharing it.

Access to a process, not automatic status

At an earlier briefing on 8 October, the IMC explained that the Constitutional Court’s July ruling in the Scalabrini matter removed procedural barriers that could prevent claims from being considered. These included irregular entry, the absence of an asylum transit visa and failure to report within the prescribed period.

The committee said applicants must still go through a formal determination process. Access to that process does not automatically confer refugee status or permanent residence.

It also emphasised the obligation to assess claims before returning someone who may need international protection. That is important context for a debate in which entry into the application system and the outcome of an application are sometimes treated as the same thing.

A registration plan announced earlier this month

Separate administrative work is already under way. On 11 October, government outlined a proposed intention-registration and appointment model, which Home Affairs was expected to introduce by 10 November 2026.

Under that plan, a person would record an intention to seek asylum and receive a receipt with an appointment at a Refugee Reception Office. Assisted registration was also envisaged.

The IMC expressly distinguished the proposed receipt from a section 22 visa and recognition of refugee status. The receipt would record the start of a process in which the claim still needs to be lodged and assessed.

The 10 November date was a government implementation target announced earlier this month. Monday’s report did not announce that the platform had launched.

What remains to be established

In its 11 October briefing, government said it would seek court supervision and guidance on implementation, including time to build operational capacity. It also acknowledged that it remained bound by the existing court order while pursuing that guidance.

The immediate developments to watch are the outcome of the scheduled court proceedings and Home Affairs’ confirmed instructions on registration. These will show how the proposed arrangements translate into an operating service and how applicants can use it.

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