South Africa Withdraws Asylum Directive After Court Ruling Sparks Unrest

South Africa's Department of Home Affairs withdrew a September 28 directive on October 9 that had opened asylum applications to foreign nationals regardless of entry method, following violent protests at refugee reception centres in Durban and Soweto. The directive implemented a July 7 Constitutional Court ruling that declared parts of the Refugees Act unconstitutional for blocking access to the asylum system based on administrative requirements.

The court judgment, brought by the Scalabrini Centre of Cape Town and Lawyers for Human Rights, strengthened procedural protections for asylum seekers and found previous processes used to deny access from November 2023 unconstitutional. Some affected individuals were arrested and deported without refugee status determination interviews.

“We have met. We continue to meet to process this issue so we are guided by the law.”

Anti-immigrant groups disrupted operations at reception offices, vowing to continue protests. Soweto police are investigating nine cases of malicious damage to property, three of common assault, and one of public violence from the October 8 protests. The Director-General reportedly withdrew the directive without the minister's knowledge.

Minister in the Presidency Khumbudzo Ntshavheni said the government respects the ruling but is assessing legal options to address unintended consequences. She raised the possibility of constitutional amendments through the National Dialogue. The Inter-Ministerial Committee on Migration chairperson Mmamoloko Kubayi acknowledged the ruling strained the migration system but denied it prevents helping South Africans.

Home Affairs will review its instructions to refugee reception centres to prevent confusion. The ruling requires officials to assess asylum claims without first excluding applicants for irregular entry or missed deadlines, but does not automatically grant refugee status, citizenship, or voting rights. Misinformation about a blanket amnesty has circulated online.

The Constitutional Court ruling remains binding, requiring Home Affairs to find a compliant way to process asylum claims. Any new directive will signal how the government balances court compliance with public order. US investors and travellers should expect continued localised unrest risk near refugee reception offices.