A division has emerged among Gauteng judges over the Constitutional Court’s asylum ruling, leading to a judicial freeze on release cases. Judge President Aubrey Ledwaba ordered a full Bench to resolve the issue after the ruling caused widespread unrest.
Thousands of people gathered at refugee offices in response to a withdrawn directive from Home Affairs, which had instructed how to process asylum applications. The situation escalated into violence in Durban and Sowe, with streets set on fire. The unrest followed the court’s landmark decision, which has divided legal experts and activists.
The conflict highlights tensions between the judiciary and government policies on asylum seekers. The ruling, which has been criticized for its potential impact on refugee rights, has led to public demonstrations and calls for clarity. Legal professionals argue the decision lacks consistency with international standards.
This is the second major crisis in Gauteng linked to the asylum issue. Earlier this year, protests erupted over the treatment of undocumented migrants, with similar calls for legal reform. The current situation underscores the growing pressure on the government to align its policies with constitutional principles.
The judiciary’s internal division reflects broader societal concerns about immigration and human rights. As the legal process unfolds, the impact on public safety and refugee access remains uncertain.
