Home Affairs Withdraws Asylum Directive Citing Staff Safety and Public Order Concerns

• The Department of Home Affairs has released a statement regarding its 28 September directive about asylum applications
• The directive was issued following a Constitutional Court ruling, but it drew widespread criticism from South Africans
• Violent scenes played out in Durban and Soweto, as locals protested against the directive and against foreign nationals

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.

SOUTH AFRICA — The Department of Home Affairs has withdrawn a directive issued recently that instructed all Refugee Reception Offices (RROs) to resume accepting new asylum seeker applications with immediate effect.

The Director-General announced the withdrawal on 9 October 2026, citing the rapid deterioration of conditions at RROs following implementation of the directive on 28 September.

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The September directive was an operational instruction intended to give effect to a Constitutional Court judgment handed down on 7 July 2026. The court struck down sections of the Refugees Act that had allowed officials to turn applicants away on procedural grounds — such as irregular entry, absence of an asylum transit visa, or failure to report within prescribed timeframes — without first assessing the merits of their protection claim.

Offices overwhelmed within days

According to the department, RROs became operationally overwhelmed within days of the directive coming into effect.

Home Affairs officials were placed at risk, and threats to public safety emerged at reception sites. The withdrawal followed widespread unrest in Durban and Soweto linked to concerns about immigration. Vehicles were torched, and some shops were looted while other properties went up in flames as citizens voiced unhappiness with the directive.

Home Affairs said it would pursue a "fresh process" to determine how best to comply with the binding Constitutional Court order.

Phakel’umthakathi calls for calm in Durban

Nkosikhona Phakel’umthakathi Ndabandaba called for calm amid the escalating violence in the Durban Central Business District

Briefly News reported that shops were looted, vehicles torched, and several people were arrested during the unrest.

Speaking from the scene of the chaos, Ndabandaba warned leaders against inciting community members to commit acts of destruction.

Source: Briefly News