South Africa: Home Affairs Withdraws Asylum Directive After Violent Anti-Immigration Protests
The Department of Home Affairs (DHA) has withdrawn a directive on the intake of asylum applications following violent anti-immigration protests in Durban and Soweto, as the government seeks to find a way to implement a Constitutional Court ruling without further escalating tensions.
The directive, issued on 28 September, followed a July judgment by the Constitutional Court in the Scalabrini Centre of Cape Town case. The ruling struck down provisions of the Refugees Act that prevented some asylum seekers from accessing the application process on procedural grounds before their claims could be assessed on their merits.
The judgment allows asylum seekers to apply for protection regardless of how they entered South Africa. However, it does not automatically grant applicants refugee status or permanent residence, as each claim must still be assessed in accordance with the law.
Home Affairs said the directive was introduced as an operational measure to implement the court order but was issued by the department’s director-general without the knowledge of the minister or other political office-bearers.
The department said the implementation process had presented unforeseen challenges, with Refugee Reception Offices overwhelmed by the number of people seeking to submit asylum applications within days of the directive being issued.
It also raised concerns about the safety of departmental officials and the potential impact on public safety and order.
The department will now develop a revised operational approach to ensure compliance with the Constitutional Court’s judgment while addressing the challenges experienced at its offices.
The withdrawal of the directive does not overturn the court ruling, and Home Affairs has yet to announce details of its revised approach.
The development follows violent protests in Durban and Soweto during which vehicles were torched, and businesses vandalised amid growing opposition to immigration and the processing of asylum applications.
Gauteng Premier Panyaza Lesufi has welcomed the department’s decision, describing it as a relief that creates an opportunity for further consultation.
