The government will ask the Gauteng High Court to clarify whether authorities can detain people under the Immigration Act while asylum processes are underway.
The move comes alongside a new digital asylum registration platform designed to curb repeat claims and improve enforcement.
Minister Dr Leon Schreiber outlined both plans in a government statement following a recent Constitutional Court judgment on asylum procedures.
Why government wants clarity on asylum detention
Schreiber says the government needs legal certainty on its powers to detain people while their asylum cases are being processed.
He said detention had previously been possible during such proceedings, and the government intends to present its position to the court.
“We need the clarity on whether, as we submit, we should be able to detain people in terms of the Immigration Act while some of these processes are underway, and indeed previously that was the position,” he explained.
The court will be asked to clarify the legal position.
What the Constitutional Court ruling means
Schreiber rejected claims that the Constitutional Court judgment automatically granted foreign nationals asylum status, citizenship or voting rights.
“It did not approve a single person’s asylum application,” he said.
“It certainly did not grant citizenship or the right to vote to a single foreign national.”
He maintained that the judgment dealt with procedure rather than automatically granting legal status to applicants.
“It is disinformation to claim that anyone has gotten citizenship or status in South Africa,” he stated.
Misinformation has also circulated about social grant eligibility.
The South African Social Security Agency (SASSA) has dismissed claims that it changed the SRD grant qualification criteria to give foreign nationals access to social grant payments.
“This information is incorrect, misleading and may cause unnecessary confusion to social grant beneficiaries and the public at large,” the agency said.
Asylum seekers do not generally qualify for permanent social grants.
Home Affairs appoints 74 advocates to handle asylum cases
The government has appointed 74 advocates to help reduce the workload associated with asylum applications and appeals.
Schreiber said the administration initially had only nine people handling all asylum appeals. He argued that the process needed more legally trained professionals.
He also said 95% of finally adjudicated cases ended with applicants found ineligible for asylum.
The government maintains that it must enforce the law against people whose claims fail, including deportation where legally permitted.
“The Court did not remove our right as Home Affairs to adjudicate a refugee application,” Schreiber said.
“If someone doesn’t qualify, it’s our job to say you don’t qualify and you must be deported.”
New registration system targets repeat asylum claims
The planned digital registration platform is intended to prevent applicants from repeatedly filing claims to delay a final decision.
“No repeat applications, no dragging it out forever,” Schreiber said the court had made clear.
The platform will use biometric checks and applicant records to help officials identify previous rejections and verify documents.
Home Affairs also plans to move refugee reception centres from inland hubs to border areas from December 2026, according to the government’s announcement.
The detention question remains a separate legal issue that the government wants the Gauteng High Court to clarify.
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