The Department of Home Affairs has withdrawn its directive on the intake of asylum-seeker applications following violent protests in Durban and Soweto, raising fresh questions about immigration management and the protection of asylum seekers in South Africa.
The directive, issued on 28 September 2026, was intended to help implement a Constitutional Court ruling delivered on 7 July. The ruling removed certain procedural barriers that had prevented some people from accessing the asylum application process, including those who entered the country irregularly or missed prescribed reporting deadlines.
However, the implementation of the directive quickly placed significant pressure on the country’s five Refugee Reception Offices, which were overwhelmed by a surge in applicants. Home Affairs said the situation also raised concerns about the safety of officials and public order.
Protests And Violence Spark Concern
The withdrawal follows demonstrations against the processing of asylum applications in Durban and Soweto on Thursday. The protests turned violent, with 24 vehicles reportedly set alight, while shops, including foreign-owned businesses, were looted or damaged. Police were deployed to restore order, and arrests were reported in connection with the unrest.
The department stated that the directive had been issued by the director-general as an operational measure without the knowledge of the Home Affairs Minister or other political office-bearers. It said the withdrawal was prompted by practical challenges and public-safety concerns.
What Happens Next?
Home Affairs has announced that it will develop a new operational approach to comply with the Constitutional Court’s ruling while ensuring that asylum services can function safely and effectively. Details of the revised arrangements have not yet been announced.
Importantly, withdrawing the directive does not overturn the Constitutional Court judgment. The ruling does not automatically grant asylum seekers refugee status, permanent residence or citizenship. Each application must still be assessed according to the law.
The decision leaves uncertainty over how affected applicants will access the asylum system while the department prepares its new approach. The government faces the challenge of managing immigration procedures, meeting its constitutional obligations and preventing further violence.
As South Africa continues to debate immigration and asylum policy, authorities have urged the public to remain calm and allow the legal process to take its course.
Main image: June Luna Immigration Attorneys
