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The Pretoria High Court is set to weigh in on a contentious issue over the detention of undocumented foreign nationals who want to apply for asylum in South Africa.

The case comes after a Constitutional Court ruling on asylum-seeking rights that sparked public outrage and was followed by violent protests in Durban and Johannesburg.

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The apex court ruled that certain legal requirements unfairly blocked people who entered the country illegally from accessing the asylum system.

The government said the Constitutional Court’s decision has had unintended consequences.

This, after a directive by Home Affairs for immigrants to apply, led to thousands queuing at refugee centres across the country to seek asylum, leaving the department overwhelmed.

The fallout has left authorities and courts grappling with a critical question: can someone be kept behind bars after saying they want to seek asylum while Home Affairs arranges access to the refugee application process, which can take years to resolve?

The issue has become more complicated after two conflicting Johannesburg High Court rulings on whether such detention is lawful.

The Pretoria High Court will now have to settle the legal uncertainty, with its decision likely to shape how similar cases are handled in courts across the country.

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