Home Affairs to Accept Asylum Applications After ConCourt Ruling, South African Debate Decision

• Home Affairs issued an instruction on 28 September directing refugee reception offices to accept applications from unlawful entrants
• Deputy Director-General Thulani Mavuso warned the policy shift could put further pressure on an already stretched department
• South Africans weighed in on the decision, sharing mixed reactions to the change in policy from the department

Byron Pillay, a Briefly News journalist, has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He worked as a newspaper journalist for 10 years before transitioning to online.

GAUTENG — The Department of Home Affairs has announced it will no longer turn away asylum seekers solely on the basis of how they entered the country or whether they hold the required immigration documents.

Deputy Director-General Thulani Mavuso confirmed the shift during an interview with 702's Clement Manyathela on Monday, 5 October 2026.

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Mavuso stated that refugee reception offices are now required to accept applications from anyone who presents themselves and requests asylum.

Court judgment drives policy shift

The change stems from a Constitutional Court ruling handed down in July, which found that several provisions of the Refugees Act were unconstitutional. The court held that procedural immigration violations could not be used to block asylum seekers from having their claims assessed on their merits.

Central to the judgment was the principle of non-refoulement, an internationally recognised legal standard that prohibits South Africa from returning individuals to countries where they may face persecution or serious harm.

How did South Africans react?

The announcement drew sharp reactions on social media, with many South Africans expressing frustration over the implications for public resources.

@MaSwaziiie wrote:

"I hate the GNU government with a passion. Now we taxpayers have to foot the bill as if we are not already suffering enough."

@maetsebane offered a different view:

"Asylum will be granted to those who left their countries because of war/violence. Congolese and Libyans will get asylum, while Zimbabweans and others will be arrested because there's no form of violence in their countries."

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@edbellza saw a potential benefit in the process:

"It helps because once their fingerprints are captured on the system, it becomes much harder to use fake documents or multiple identities."

@UnathiAfrika defended the policy in principle:

"This is absolutely very simple. When you are fleeing conflict or famine, where and how will you get the time and resources to find a passport? Literally this is worldwide practice."

@youthcontrolla questioned why the burden falls on South Africa:

"So South Africa by itself is to pick up where these people's governments failed them. Why should the whole of Africa run to South Africa?"

Home Affairs introduces deportation buses

Briefly News reported that Home Affairs had introduced deportation buses to deport illegal immigrants.

Minister Leon Schreiber said the purpose of these buses was to enforce the rule of law in the country.

South Africans supported the minister's announcement, saying it was a sign that his department was working.

Source: Briefly News