South Africa Withdraws Asylum Directive After Violent Protests

 


South Africa Withdraws Asylum Directive Following Violent Protests in Soweto and Durban

SA360 NEWS | Politics & Immigration | 9 October 2026

JOHANNESBURG, SOUTH AFRICA — South Africa's Department of Home Affairs has withdrawn a directive governing the intake of asylum applications following violent protests in Soweto and Durban that left vehicles destroyed and businesses damaged.

The announcement was made on Friday, 9 October 2026, after officials raised concerns about growing pressure on refugee reception offices, the safety of government employees and threats to public order.

Why Was the Asylum Directive Withdrawn?

The directive was issued on 28 September 2026 to help implement a Constitutional Court judgment delivered on 7 July in a case involving the Scalabrini Centre of Cape Town.

The judgment addressed procedural barriers preventing certain asylum seekers from having their applications considered, including restrictions linked to irregular entry into South Africa.

According to the Department of Home Affairs, implementing the directive placed unexpected pressure on Refugee Reception Offices, which became overwhelmed within days.

The department said the measure had been introduced by the Director-General as an operational decision without the involvement of the Minister of Home Affairs or other political office-bearers.

Violent Protests Erupt in Soweto and Durban

Tensions escalated on Thursday, 8 October, when demonstrations opposing the processing of asylum applications turned violent.

Police reported that at least 24 vehicles were set alight, including 10 in Soweto and 14 in Durban.

Several businesses were also targeted during the unrest, while security forces were deployed to restore order.

Authorities subsequently reported that conditions had stabilised in the affected areas.

Does the Court Ruling Give Undocumented Migrants Legal Status?

The Constitutional Court ruling does not automatically grant asylum, permanent residence or citizenship to undocumented foreign nationals.

Instead, it addresses access to the asylum application process.

Individuals seeking protection must still have their claims assessed under South African law, and applicants who do not qualify may face removal through lawful procedures.

The government has warned that misleading interpretations of the judgment have contributed to public confusion.

Government Plans New Approach

Despite withdrawing the September directive, Home Affairs has reaffirmed its commitment to complying with the Constitutional Court's ruling.

The department intends to develop a revised operational approach that addresses legal requirements while protecting officials and maintaining public safety.

Details of the replacement arrangements have not yet been announced.

What Happens Next?

Attention will now turn to how Home Affairs manages asylum applications while developing new procedures.

The government faces the challenge of maintaining public order, ensuring that refugee reception offices can operate effectively and meeting its constitutional obligations.

SA360 NEWS will continue monitoring official announcements and developments surrounding the country's asylum system.

Sources: South African Department of Home Affairs, Reuters, SABC News and EWN.

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