Government eyes supervisory order on asylum ruling

PRETORIA – Home Affairs needs more time to prepare for the implementation of the Constitutional Court’s asylum ruling. 

Government has said the department needs to strengthen its systems, staff and processing capacity before the judgment can be fully implemented. 

Justice Minister Mmamoloko Kubayi said government may ask the court for a supervisory order to oversee the process.  

“Following a detailed legal consultation, we have been duly advised that government can approach the courts to seek a supervisory order in this regard. A supervisory order in practical terms would enable the court to retain oversight of the implementation process and provide guidance on how the order should be operationalized. 

“Such an order may also include a suspension period to allow the Department of Foreign Affairs the necessary time to develop and strengthen administrative, human resource, infrastructure, and processing capacity required to implement the judgment effectively and sustainably.  

“We believe that this approach represents a responsible and lawful mechanism to ensure that constitutional obligations are fulfilled in a manner that is orderly, practical and in the public interest. It will allow government to avoid administrative disruption while ensuring that the rights recognized by the court are progressively and meaningfully realized.”