Home Affairs Withdraws Asylum Directive After Soweto And Durban Unrest

The Department of Home Affairs has withdrawn its directive on asylum applications following violent protests in Soweto and Durban. The decision comes after the implementation of the directive triggered tensions amid confusion over a Constitutional Court ruling on asylum seekers. Gauteng Premier Panyaza Lesufi has welcomed the withdrawal, saying it gives government time to consult further.

Home Affairs Withdraws Asylum Application Directive

The directive, issued on 28 September by the department’s director-general, instructed refugee reception offices to accept asylum applications regardless of how applicants entered South Africa.

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Home Affairs said it was introduced as an operational measure to comply with the Constitutional Court’s July ruling, but was issued without the knowledge of the minister or other political office-bearers. The department cited overwhelmed offices, risks to staff and public safety concerns as reasons for withdrawing it.

The Constitutional Court ruling in the Scalabrini Centre of Cape Town case found certain provisions of the Refugees Act unconstitutional because they could prevent asylum seekers from accessing the application process on procedural grounds. However, the ruling does not automatically grant refugee status or permanent residence. Home Affairs says it will develop a revised operational approach while remaining committed to complying with the court order.

Panyaza Lesufi Welcomes Home Affairs Decision

Lesufi visited Soweto on Friday morning alongside acting police commissioner Puleng Dimpane and other senior officials to assess damage following overnight unrest.

Police are investigating nine cases of malicious damage to property, three cases of common assault and one case of public violence. Authorities are also monitoring the situation for potential further protests.

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Lesufi welcomed the withdrawal, saying it would allow government to consult further and find a way forward without undermining the court ruling.

“It's a major relief. It gives us that window of opportunity to rectify and remedy the situation without undermining the Constitutional Court judgment, but at the same time ensuring the law favours those intended to protect rather than disadvantage them.”

Police Monitor Soweto After Violent Protests

Police have maintained a presence in affected areas following the unrest in Soweto and Durban, where vehicles were set alight and businesses were damaged. Investigations into the incidents are continuing as authorities work to identify those responsible. Police have warned that further violence will not be tolerated.