Media Statement

Deputy Minister Nel’s visit to the Virtual Priority Court dealing with Immigration Matters

17 June 2026

At the request of the Minister of Justice and Constitutional Development, Ms Mmamoloko Kubayi, Deputy Minister Andries Nel visited the Virtual Priority Court dealing with Immigration Matters, which was held at the Durban Magistrates Court, on 16 June 2026 to observe the operational functionality of these courts.

Following announcements in the State of the Nation Address in February and Cabinet’s adoption of a Comprehensive Approach for Migration Management, President Ramaphosa announced measures to ensure that immigration laws are respected and enforced and every person who enters the country does so lawfully.

The establishment of the Virtual Priority Court was in response to a commitment made by the President that dedicated courts would be established to deal with immigration and to speedily support the deportation of undocumented migrants.

The Virtual Priority Court was made possible through efforts of the Department of Justice and Constitutional Development (DoJCD) in collaboration with the Department of Home Affairs (DHA), the judiciary and Legal Aid SA.

The Virtual Priority Court makes use of advanced technology such as audio-visual linkages to Sherwood Park Hall, where a large number of Malawian foreign nationals are currently being sheltered. Use was also made of Integrated Justice System devices, such as the IJS’ Integrated Person Management solution, which manages and tracks a person across the entire justice system and enables a seamless collaboration between government departments. By making use of these devices, a person’s biometric data, identity verification and status checks against various databases (such as those of DHA and the SAPS) could be done in real-time, thus eliminating the need for manual checks and ensuring faster and more accurate processing of persons.

It is important to note that voluntary repatriation differs from deportation. Some 1876 Malawian nationals have been found to be in the country illegally. The verified contraventions include the overstaying of visas, expired travel documents and persons found to be undocumented – which all constitute grounds for deportation under the Immigration Act, 2002.

As at 14 June 2026, the Government of Malawi has repatriated 676 of its nationals. However, an estimated 7000 Malawian nationals still remain at Sherwoord Park in eThekwini.

On 16 June the Virtual Priority Court processed approximately 80 cases in which deportation orders were granted. All affected persons appearing before the Court were afforded their constitutional rights, including the right to legal representation, as provided by Legal Aid SA.

As from today, 17 June, five more in-person courts will be made available at the Durban Magistrates’ Court to hear immigration matters and the Virtual Priority Court will continue (linked to Court 9 at Durban Magistrates’ Court). The eThekwini Municipality has undertaken to provide transport for persons between Sherwood Park and the Court.

After visiting the Virtual Priority Court, Deputy Minister Nel visited Sherwood Park Hall and met with the Consul-General of Malawi, Mr Maxwell Biwi. Deputy Minister Nel reiterated President Ramaphosa’s message that South Africa will continue to engage other countries on the African continent to forge a broader response to migration challenges across the region and the continent.

Deputy Minister Nel also commended the partnerships between the DoJCD, the DHA, eThekwini Municipality, the KwaZulu-Natal Provincial Government, the Department of Health and the Department of Social Development which have all contributed to providing humanitarian support to persons at Sherwood Park.

Media Enquiries: Ms Palesa Rammitlwa - Spokesperson: Ministry of Justice and Constitutional Development, 064 933 3628

ISSUED BY THE MINISTRY OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT OF THE REPUBLIC OF SOUTH AFRICA