South Africa Withdraws Asylum Directive After Court Ruling Sparks Unrest
Home Affairs reverses September directive opening asylum to irregular entrants following violent protests in Durban and Soweto, while Constitutional Court ruling remains binding.

KEY POINTS
- Home Affairs withdrew September 28 asylum directive on October 9 after violent protests in Durban and Soweto
- Constitutional Court's July 7 ruling declared parts of Refugees Act unconstitutional for blocking asylum access
- Anti-immigrant groups disrupted reception centres; Soweto police investigating 13 criminal cases from October 8 protests
- Government respects ruling but seeks legal options; Minister Ntshavheni raised possible constitutional amendments
- Court ruling remains binding; new directive needed to balance compliance with public order
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.
2 more sources below
COMMENTS (0)
No comments yet. Be the first.
RELATED STORIES

Trump, Vance defend Guilfoyle amid $100k payment allegations
President and vice president react to Wall Street Journal report that U.S. ambassador to Greece pressed a donor to cover her credit-card debt.

French police face scrutiny after student injured by tear gas canister
A 14-year-old suffered a broken jaw during protests over school conditions, prompting an investigation and calls to ban controversial weapons.

DOJ Probes TV Networks Over White House Pool Boycott
The Justice Department is investigating five major networks for potential antitrust violations after they suspended pooled coverage in protest of Trump's ban on CNN, MS NOW, and Politico.
- Feijóo launches PP precampaign for Nov 29 election with national reconstruction pledge
- Spain Prepares for National Day Military Parade in Madrid
- Ogaga Ifowodo Wins $100,000 Nigeria Prize for Literature
- Pope Leo XIV calls death penalty inadmissible as US plans livestreamed execution
- Anthropic AI Submits False Homicide Tip to Philadelphia Police
This page was compiled with AI assistance from the outlets named above and passed an automated language check before publication. Montegre has no reporters of its own; the byline names the outlets the story was compiled from. Method and editorial standards