South Africa: Home Affairs Withdraws Asylum Directive After Violent Anti-Immigration Protests

What the report says

South Africa’s Department of Home Affairs has withdrawn a recent directive on how asylum applications should be received, after violent anti-immigration protests in Durban and Soweto heightened pressure on the government. According to AllAfrica, the department said it now wants to find a revised way to carry out a Constitutional Court ruling without worsening tensions or disrupting public order.

The directive had been issued on 28 September to help implement a July Constitutional Court judgment in the Scalabrini Centre of Cape Town case. That ruling removed parts of the Refugees Act that had blocked some asylum seekers from applying on procedural grounds before the merits of their cases were considered. AllAfrica reported that the judgment means people can seek asylum regardless of how they entered South Africa, but it does not guarantee refugee status or permanent residence.

Home Affairs said the operational measure was introduced by the director-general without the knowledge of the minister or other political office-bearers. The department also said refugee reception offices were overwhelmed after the directive took effect, and it raised concerns about staff safety and public disorder.

The withdrawal does not отмен the court ruling, and the department has not yet released details of its revised approach. The move follows violence in Durban and Soweto in which vehicles were torched and businesses vandalized amid rising opposition to immigration and asylum processing. Gauteng Premier Panyaza Lesufi welcomed the decision, calling it an opportunity for further consultation.