DURBAN, KWAZULU-NATAL — The South African government has established a special immigration court in Durban to expedite the deportation process for thousands of Malawian nationals currently gathered at Sherwood Park. The joint initiative between the Department of Home Affairs and the Department of Justice and Constitutional Development aims to resolve the legal status of individuals violating local immigration laws.
Thulani Mavuso, Spokesperson for the Department of Home Affairs and Deputy Director-General for Operations, confirmed the setup of the priority court, which operates under the jurisdiction of the magistrate’s court. The specialized court is designed to fast-track the removal of foreign nationals who have been verified to be in the country illegally due to visa overstays, expired travel documents, or undocumented status.
According to Mavuso, the government initially pursued a voluntary repatriation program in collaboration with the Malawian government. However, the slow pace of that initiative, coupled with inadequate transportation provided by Malawi, necessitated a shift toward a formalized deportation process.
“We have now set up the special court under the jurisdiction of the magistrate court where we are now deporting those particular individuals,” Mavuso explained. He noted that the individuals appear virtually before the court from Sherwood Park, and any deportation must be formally confirmed by a magistrate. By the afternoon of the announcement, 1,876 individuals had been processed, with 129 having appeared before the magistrate to secure their deportation orders. Once confirmed, they are loaded onto Department of Home Affairs buses for transport back to Malawi.
When asked if the Malawian nationals could argue to remain in the country, Mavuso was unequivocal. He stated that because all individuals at the park have been verified as violating the Immigration Act upon their admittance into the country, they have no legal recourse to justify their stay.
The situation at Sherwood Park has grown increasingly complex. Mavuso noted that while the initial number of people was low, the gathering swelled to almost 7,000 over the weekend as individuals from Durban and other parts of KwaZulu-Natal converged on the area. The prolonged open-air stay has raised security concerns and created a potential nuisance and health hazard for surrounding communities. In response, the provincial government has brought in cleaners to sanitize the area and prevent contamination.
The shift from voluntary repatriation to state-facilitated deportation has drawn criticism from political voices who argue that undocumented individuals should self-repatriate without the expenditure of South African taxpayer money. Addressing this, Mavuso emphasized the state’s legal obligations. He explained that once individuals are identified and apprehended, the Department of Home Affairs has a constitutional and statutory duty to ensure they are removed from the country. Relying solely on self-repatriation would unduly prolong the process, especially given the logistical shortcomings of the voluntary program.
The specialized court proceedings are set to continue throughout the week as the government works to clear the park and enforce immigration compliance.
