Gauteng High Court postpones asylum seeker detention hearing

The Gauteng Division of the High Court in Johannesburg has postponed a significant hearing regarding the detention of prospective asylum seekers. Originally scheduled for 29 October 2026, the proceedings will now take place from 16 to 18 November 2026.

The case involves 33 urgent applications aimed at resolving legal and constitutional questions concerning the detention of undocumented foreign nationals who express an intention to apply for asylum. The referral to a Full Court follows conflicting judicial decisions regarding the application of a July Constitutional Court ruling in the case of Scalabrini Centre of Cape Town v Minister of Home Affairs and Others.

The Office of the Chief Justice stated that the postponement was necessary due to the substantial expansion of the proceedings. This includes the admission of five amici curiae and two intervening parties, as well as late filings of constitutional notices and supplementary affidavits. The matter now requires three days for determination instead of the originally allocated single day.