South Africa has moved to tighten its immigration enforcement, with a newly established priority court in KwaZulu-Natal (KZN), Durban, set to fast‑track deportation proceedings against nearly 1 900 Malawian nationals found to be in contravention of the country’s immigration laws.
The Department of Home Affairs, in collaboration with the Department of Justice and Constitutional Development, established the priority court this week.
The Malawian nationals are currently residing in Sherwood Park, Durban.
Illegal immigrants
Home Affairs spokesperson Thulani Mavuso said 1 876 individuals were found to be without valid documentation, while 676 have so far returned to Malawi through voluntary repatriation.
“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.”
Priority court
Mavuso said the priority court will operate via a virtual platform at Sherwood Park, under the authority of the Durban Magistrate’s Court, to facilitate the consideration and confirmation of deportation orders for 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.”
Women and children
Mavuso said 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,” Mavuso said.
Through the “fair and consistent enforcement of South Africa’s immigration laws,” Mavuso said it will continue to uphold the rule of law and safeguard the integrity of the country’s immigration system.
