Home Affairs withdraws directive on asylum seeker applications

The Director-General of the Department of Home Affairs has revoked the directive issued on September 28th regarding the intake of asylum seeker applications. The Constitutional Court had ruled in July that refugees and asylum seekers must be allowed to access processing centers, regardless of their illegal entry into South Africa.

The case involved the Scalabrini Centre of Cape Town challenging the constitutionality of certain provisions of the Refugees Act related to the asylum application process. The court confirmed the Western Cape High Court's decision that these provisions were unconstitutional and invalid. Initially, the department stated it would examine the judgment's implications before deciding on the next course of action.

However, the directive sparked nationwide protests, with South Africans expressing their discontent. Clashes occurred in Soweto, where residents clashed with foreign nationals, leading to the burning of foreign vehicles. Social media platforms were filled with criticism of the directive. On Friday, Home Affairs explained that it had issued the directive as a purely operational measure to assist in implementing the court's order, without any political motivation.

They denied claims that the decision was politically motivated, stating that the directive originated from a constitutional court case that the department had opposed. The department acknowledged that the attempt to immediately implement the judgment's requirements caused serious consequences, including overwhelmed RRO operations, placing officials at risk, and threats to public safety and order.

With these new developments, the department will now embark on a new process to determine the most appropriate operational approach to comply with the court's order while respecting the judiciary and the rule of law.