Will the High Court rule that detained asylum seekers can be kept in detention while they apply?

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What the world believes

How this resolves

Closes: 23:59 SAST on 28 October 2026
Resolves: When the full bench delivers its judgment. Full benches usually reserve judgment, so this may take weeks.
Source: The judgment of the full bench of the Gauteng Division of the High Court
Rules: Resolves YES if the full bench rules that a person who has said they intend to apply for asylum may lawfully be kept in detention, or ordered to stay in detention, while Home Affairs gives them access to the asylum process. A ruling that allows this only for a limited time or under court supervision still counts as YES. Resolves NO if the full bench rules that such a person must be released.
If the source is down: If the judgment itself cannot be accessed, use at least two reputable South African news organisations that report what the court actually ordered. Headlines or commentary alone are not enough.
If plans change: If the hearing is postponed, the market stays closed and resolves on the judgment when it is delivered. Void if no judgment is delivered by 31 March 2027, or if the judgment does not decide this question.