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Home Affairs withdraws asylum directive: What happens next?

By Bulelwa Hoala

Centurion Mall gets a new Home Affairs office: Here’s what residents need to know
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  • The Department of Home Affairs has withdrawn a directive issued on 28 September to help implement a Constitutional Court judgment on asylum seeker applications, after refugee reception offices were overwhelmed within days.
  • The department rejected claims that the directive was politically motivated, citing operational challenges, risks to officials and concerns about public safety. The unrest in Soweto and Durban on 8 October saw at least 24 vehicles reportedly torched, while foreign-owned shops were also reportedly looted.
  • Home Affairs says it will develop a new operational approach to comply with the court order, reaffirming its commitment to the judiciary and the rule of law.

The Department of Home Affairs has withdrawn a directive on the intake of asylum seeker applications after refugee reception offices were overwhelmed within days of its implementation.

The directive was issued by Director-General Livhuwani Tommy Makhode on 28 September to help implement a Constitutional Court judgment delivered on 7 July 2026 in a case brought by the Scalabrini Centre of Cape Town concerning asylum seekers’ access to South Africa’s asylum system.

The withdrawal comes amid concerns about the directive’s implementation, including risks to Home Affairs officials and public safety, as well as violent protests in Soweto and Durban on Thursday, 8 October.

Why has Home Affairs withdrawn the directive?

In a statement on Friday, the department rejected claims that the directive was politically motivated, saying it was an operational measure intended to support the implementation of the court order.

“The directive was originally issued to all Refugee Reception Offices (RROs) as a purely operational attempt to support the implementation of the Court’s order without reference to, or the knowledge of, the Minister of Home Affairs or any other political office-bearer.

“Claims that it was a politically-motivated decision are therefore categorically untrue, as the directive emanated from a Constitutional Court case that the Department had opposed,” the statement read.

The department said the practical implementation of the judgment had resulted in unforeseen challenges, including overwhelmed refugee reception offices, risks to officials and concerns about public safety and order.

The unrest in Soweto and Durban on Thursday saw at least 24 vehicles torched, with 10 reportedly set alight in Soweto and 14 in Durban. Shops owned by foreign nationals were also reportedly looted.

What happens next?

Home Affairs says it will begin a fresh process to determine the most appropriate and sustainable way to comply with the Constitutional Court’s order.

The department further reaffirmed its commitment to the judiciary and the rule of law, saying it remained committed to finding an operational approach that would allow it to implement the judgment.

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