PRETORIA, Friday 9 October 2026 — The Department of Home Affairs has withdrawn its 28 September directive governing the intake of asylum applications after refugee reception offices were overwhelmed and violent protests erupted in parts of South Africa.
The department confirmed on Friday that Director-General Tommy Makhode had withdrawn the directive, which was issued to implement a Constitutional Court judgment delivered in July.
Home Affairs said it would develop a revised operational approach while remaining bound by the court’s ruling.
The decision follows unrest in Durban and Soweto on Thursday, during which vehicles were set alight and businesses looted.
Department withdraws September directive
The directive was issued on 28 September following the Constitutional Court’s judgment in Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others.
The judgment found that certain provisions of the Refugees Act were unconstitutional because they prevented some asylum seekers from accessing the application process on procedural grounds.
These included circumstances involving irregular entry into South Africa, the absence of an asylum transit visa or failure to report to a refugee reception office within the prescribed period.
The ruling requires asylum claims to be considered on their merits rather than rejected solely because of those procedural barriers.
It does not automatically grant refugee status, permanent residence or permission to remain in South Africa.
Home Affairs subsequently issued instructions to refugee reception offices to facilitate access to the application process.
However, the department said the immediate implementation of those instructions created operational difficulties that had not been anticipated.
Refugee reception offices overwhelmed
According to Home Affairs, refugee reception offices experienced substantial increases in the number of people seeking to submit asylum applications.
The department said the resulting pressure overwhelmed operations within days.
It also reported concerns about the safety of officials and threats to public order.
The difficulties prompted government to reconsider how the judgment should be implemented.
Home Affairs said the original directive was an operational measure issued without the knowledge or involvement of the Minister of Home Affairs or other political office-bearers.
The department rejected suggestions that the directive had been politically motivated.
It maintained that the instructions arose from the Constitutional Court judgment in litigation that the department had opposed.
Withdrawal follows violence in Durban and Soweto
The decision comes after protests concerning asylum applications turned violent in Durban and Soweto on Thursday.
Demonstrators gathered near refugee reception facilities amid growing tensions over the implementation of the court judgment.
Vehicles were burned and businesses looted during the unrest.
Police subsequently increased their presence in affected areas.
Acting National Police Commissioner Lieutenant-General Puleng Dimpane condemned the violence and warned that those responsible for criminal acts would face investigation and possible prosecution.
The unrest prompted an urgent response from the Inter-Ministerial Committee on Migration.
During a briefing on Thursday, the committee acknowledged that refugee reception offices had insufficient capacity to manage the increased demand.
Government also sought to clarify that the Constitutional Court judgment did not legalise unlawful migration or automatically confer immigration status on applicants.
Gauteng Premier welcomes withdrawal
Gauteng Premier Panyaza Lesufi welcomed the department’s decision during a visit to Soweto on Friday.
Lesufi said the withdrawal would provide an opportunity to reconsider the implementation arrangements while respecting the Constitutional Court’s judgment.
He accompanied senior law-enforcement officials to assess the situation following Thursday’s violence.
Police continued monitoring the area amid concerns about further protests.
The department’s withdrawal of the directive does not invalidate the court’s judgment or remove the state’s obligation to comply with it.
Revised implementation process to follow
Home Affairs said it would begin a new process to determine a sustainable operational approach to implementing the Constitutional Court’s order.
The department reaffirmed its commitment to the judiciary and the rule of law.
It has not yet announced the details of the replacement arrangements or when they will take effect.
The decision leaves important questions about how refugee reception offices will manage applications while ensuring compliance with the judgment.
Further announcements are expected to clarify the administrative procedures that will apply.
The government’s next steps will be closely watched by asylum seekers, immigration authorities and organisations involved in refugee protection.
