Government will ask the Constitutional Court to oversee its asylum ruling as protests spread
On Sunday 11 October the government said it will ask the Constitutional Court for a supervisory order on how its asylum ruling is carried out (IOL, The Citizen, SABC News, News24). Justice Minister Mmamoloko Kubayi set out the plan after the inter-ministerial committee on migration briefed the media. The ruling holds that foreign nationals can apply for asylum even if they are in the country illegally (SABC News). The Citizen reported a phased registration model by 10 November, and SABC News reported a biometric system to prevent abuse. Acting National Police Commissioner Lt-Gen Puleng Dimpane said police had made 30 arrests in KwaZulu-Natal and Gauteng since Thursday (IOL). Protesters were camped outside the Durban Home Affairs office and vowed to block its reopening (SABC News). Parliament's Home Affairs committee called for an urgent meeting on implementation (The Citizen).
A supervisory order would put the court, not only the department, in charge of the timetable. It also shows the government is trying to calm streets that have already seen violence, without reversing a binding judgment.
If you need a Home Affairs office in Durban or Gauteng, expect closures or queues and check before travelling. Foreign-born residents and their employers should watch for the new registration rules.
Government and the committee say the court's ruling must be implemented in an orderly, secure way, and that citizens' concerns are legitimate.
Protesters say they are blocking offices because they do not trust the system; rights groups would say violence cannot be the answer to a court judgment.
The court application is the real test: watch for a filing date and for whether Durban's Home Affairs office reopens without new clashes. DailyDrop has seen neither yet.
DailyDrop South Africa edition No. 8 · Morning · MON., OCT. 12, 2026