Home Affairs and Constitutional Development establish priority court in Durban
Department of Home Affairs and Department of Justice and Constitutional Development establish priority court in Durban to support immigration enforcement
The Department of Home Affairs, in collaboration with the Department of Justice and Constitutional Development, has established a priority court to process immigration matters involving Malawian nationals currently residing at Sherwood Park in Durban, KwaZulu-Natal.
Following a comprehensive verification exercise, 1,876 Malawian nationals have been confirmed to be residing in the Republic in contravention of South Africa's immigration laws. The verified contraventions include visa overstays, expired travel documents and undocumented status, all of which constitute grounds for deportation in terms of the Immigration Act, 2002.
The priority court will operate through a virtual platform at Sherwood Park under the authority of the Durban Magistrate's Court to facilitate the consideration and confirmation of deportation orders in respect of affected individuals.
The Government of Malawi has facilitated the return of 676 of its nationals as of 15 June 2026. While voluntary repatriation efforts remain ongoing, the pace of departures has necessitated the implementation of formal deportation processes to ensure the lawful and orderly enforcement of South Africa's immigration laws.
Particular attention continues to be given to vulnerable groups, including women and children, through coordinated humanitarian support measures. The Department of Home Affairs will facilitate transport arrangements for individuals subject to deportation orders. This process is distinct from the voluntary repatriation programme previously undertaken in cooperation with the Government of Malawi.
The Department is committed to ensuring that all processes are conducted lawfully, fairly and in accordance with the Constitution. The rights of affected individuals, including the right to procedural fairness and access to legal representation, will be upheld throughout the process. Through the fair and consistent enforcement of South Africa's immigration laws, the Department will continue to uphold the rule of law and safeguard the integrity of the country's immigration system.
Media Enquiries:
Thulani Mavuso – Spokesperson for the Department of Home Affairs and Deputy Director-General for Operations Cell: 082 330 1404
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