South Africa Department of Home Affairs withdraws asylum directive

asylum seekers South Africa immigration Constitutional Court ruling Department of Home Affairs refugee reception offices

South Africa’s Department of Home Affairs has withdrawn a directive aimed at implementing a Constitutional Court ruling regarding asylum seeker access. The directive, issued by the director-general’s office, required refugee reception offices to accept applications from individuals regardless of their method of entry into the country.

The withdrawal follows significant administrative strain and civil unrest. Officials reported that refugee reception offices were overwhelmed within days, creating security risks for staff and threats to public order. Tensions escalated into violence in several regions, including Durban and Soweto, where protesters targeted foreign-owned businesses and vehicles were set on fire.

The original Constitutional Court judgment invalidated provisions of the Refugees Act that used procedural barriers, such as irregular entry or lack of transit visas, to deny asylum seekers a merits-based assessment. While the government maintains its commitment to the rule of law and the court’s decision, the Department of Home Affairs stated it will develop a new operational approach to ensure compliance in a sustainable and secure manner.

Entities

Constitutional Court of South Africa · Department of Home Affairs · Durban · Leon Schreiber · Mmamoloko Kubayi · Scalabrini Centre of Cape Town · Tommy Makhode

Claims

What the coverage asserts, and how many sources carry each claim.

[● 3 SOURCES] Protests and violence occurred in Soweto and Durban, including the torching of vehicles and the burning of a scrapyard. insidepolitic.co.za · www.maravipost.com
[● 4 SOURCES] The Constitutional Court ruled that certain provisions of the Refugees Act were unconstitutional because they prevented asylum seekers from accessing the system based on procedural grounds. www.ubuntutimes.co.za · cite.org.zw · vocfm.co.za · www.thesouthafrican.com
[● 3 SOURCES] The Department of Home Affairs withdrew a directive requiring refugee reception offices to accept asylum applications from all people seeking protection regardless of entry method. insidepolitic.co.za · www.thesouthafrican.com · www.maravipost.com
[● 2 SOURCES] The asylum intake directive was issued by the director-general's office without the knowledge of the Home Affairs Minister. insidepolitic.co.za · www.thesouthafrican.com
[● 3 SOURCES] The implementation of the asylum directive led to overwhelmed refugee reception offices and threats to public safety. insidepolitic.co.za · www.thesouthafrican.com · www.maravipost.com
[● 3 SOURCES] The department intends to develop a new operational approach to comply with the Constitutional Court's ruling. insidepolitic.co.za · www.thesouthafrican.com · www.maravipost.com