This comes after the lawyers representing the State, the Wits Law Clinic and the Consortium for Refugees and Migrants in South Africa failed to reach an agreement on Tuesday.
They were asked by the Constitutional Court to come up with an agreement by 10am on Tuesday but by 11:30am both sides could not agree.
The Wits Law Clinic and the Consortium for Refugees and Migrants in South Africa submitted an urgent application to keep the shelters open until a government produced a reintegration plan.
Briefing reporters after the hearing, Gauteng Premier Mbhazima Shilowa said that temporary shelters will remain open until a final ruling is received from the court.
"As government we will not close the shelters until the court has ruled on the matter ... because closing the shelters would be in contempt of the court," Premier Shilowa said.
More than 60 people were killed, hundreds injured and nearly 20 000 displaced in a wave of violent attacks which started in Alexandra, on 12 May.
The violence spread through the province and other parts of the country.
Since then government authorities set up temporary shelters to house the displaced. In Gauteng seven were erected.
The provincial government originally planned to close the shelters by 31 July, but extended the deadline to 15 August. One of the camps has already closed.
One of the proposals was to bring all the displaced to one consolidated shelter.
Last month provincial Government's Spokesperson Thabo Masebe said government was confident that conditions existed for the reintegration of displaced foreign national.
Mr Masebe noted that in all areas where reintegration had already taken place; the communities displayed warmth and neighbourliness to the foreign nationals.
"These communities have accepted that foreign nationals are part of their own. Foreign nationals have lived for many years with South Africans in their communities," he said.
However both parties agree that the Constitutional Court's reserving of decision gives them time to agree on an order.
Article published courtesy of BuaNews
