DURBAN, Thursday 8 October 2026 — South Africa’s government has convened an urgent inter-ministerial meeting following disruptions at refugee reception offices and a surge in asylum applications after a Constitutional Court judgment required changes to the way new applications are received.
The meeting took place on Wednesday evening after anti-immigration protesters prevented foreign nationals from accessing the Department of Home Affairs Refugee Reception Centre in Durban.
Justice and Constitutional Development Minister Mmamoloko Kubayi, who chairs the Inter-Ministerial Committee on Migration, said government was treating the situation as urgent.
Asylum applicants turned away
Hundreds of foreign nationals gathered outside the refugee reception centre on Che Guevara Road in Durban on Wednesday.
The gathering followed a Home Affairs directive instructing refugee reception offices to accept asylum applications in accordance with the Constitutional Court’s judgment.
Tensions escalated when groups opposing illegal immigration arrived at the centre.
Some protesters were carrying sticks, sjamboks and other objects.
According to contemporaneous reporting, applicants left the area after protesters blocked access and confronted people waiting outside the facility.
Police were deployed to manage the situation.
The disruption followed similar incidents at the centre earlier in the week.
Court judgment changes application procedures
The Constitutional Court ruled in July that certain provisions of the Refugees Act were unconstitutional.
The judgment affected procedural requirements that had prevented some people from submitting asylum applications.
Following the ruling, Home Affairs directed refugee reception offices not to reject applications solely because applicants had entered or remained in South Africa unlawfully.
However, the judgment does not mean that every person applying for asylum automatically qualifies for refugee status.
Applications remain subject to assessment under the applicable legal framework.
Government has warned against claims suggesting that the judgment automatically grants undocumented foreign nationals permanent residence, employment rights or access to voting.
Government acknowledges pressure
The Inter-Ministerial Committee on Migration held an urgent meeting on Wednesday evening to consider the implications of the judgment.
Deputy government spokesperson William Baloyi said the committee was aware of confusion and concern surrounding the implementation of the ruling.
He said government remained committed to upholding the law while maintaining the integrity of the immigration system.
Kubayi acknowledged that refugee reception offices had experienced significant pressure following the directive.
She said the number of people seeking assistance had placed additional strain on Home Affairs.
Anti-immigration groups threaten further disruption
Organisations opposing illegal immigration have indicated that they intend continuing demonstrations at refugee reception offices.
Some protesters have argued that Home Affairs should prioritise existing backlogs and distinguish between people seeking protection and those entering South Africa for economic reasons.
However, the right to submit an asylum application must be administered in accordance with the Constitutional Court’s ruling.
The government’s immediate challenge is to ensure that lawful applications can be received while maintaining security at refugee reception offices.
Further government response expected
The Inter-Ministerial Committee has been examining whether additional administrative measures, policy changes or legislative amendments may be required.
The government has not established that the court’s judgment automatically grants asylum to all applicants.
Further decisions will determine how Home Affairs manages increased demand, protects applicants and implements the judgment across refugee reception offices.
