Durban Protests Turn Violent as People Take to the Streets Over Looser Asylum Rules

Protests over South Africa’s asylum system turned violent in Durban on Thursday, with vehicles torched, shops looted and police brought in to contain tensions after hundreds of foreign nationals arrived at the city’s Refugee Reception Centre to apply for asylum.

The unrest centred on the Department of Home Affairs office on Che Guevara Road, where long queues of foreign nationals had formed after the department began accepting asylum applications from people who previously could have been prevented from accessing the asylum system because of their immigration status.

Anti-illegal immigration protesters gathered outside the office and confronted the asylum seekers. Police eventually moved to clear the area amid fears for the safety of those waiting to submit applications.

The situation later escalated as protesters moved through parts of the Durban CBD. Fourteen vehicles were reportedly torched, while some shops, particularly those owned by foreign nationals, were looted. Three foreign nationals were arrested in connection with an alleged assault on a protester.

Among those on the ground was March and March leader Jacinta Ngobese-Zuma, while Insizwa Nobunsizwa leader Nkosikhona “Phakel’umthakathi” Ndabandaba was also involved in the day’s protests.

IFP eThekwini deputy mayoral candidate Sizwe “Mavava” Sikhakhane was also present, alongside IFP PR councillor Steve Thusi. Members or supporters of the IFP, ActionSA and MK Party were also spotted among the protesters.

The immediate issue behind protests is a Constitutional Court judgment handed down in July. On 07 July 2026, the Constitutional Court confirmed an order declaring several provisions of the Refugees Act unconstitutional and invalid in the case brought by the Scalabrini Centre of Cape Town. The provisions had created procedural barriers that could prevent people from accessing the asylum system because of how they entered or remained in South Africa.

The judgment itself was handed down months before Thursday’s violence, but its implementation last week brought the issue to the centre of public attention. On September 28, Home Affairs issued a directive instructing refugee reception offices to accept people who report in person and indicate that they want to apply for asylum, including people who entered South Africa irregularly. The directive followed the Constitutional Court judgment.

This resulted in thousands of people arriving at refugee reception centres around the country, with particularly long queues forming in Durban. The sudden influx prompted renewed protests by anti-illegal immigration groups.

While the government has acknowledged that implementing the judgment has placed considerable pressure on Home Affairs, it has rejected claims that the ruling amounts to an amnesty for undocumented foreigners.

Inter-Ministerial Committee on Migration chairperson Mmamoloko Kubayi said on Thursday that the judgment does not automatically grant refugee status or permanent residence to anyone entering South Africa. Instead, people who indicate that they wish to seek asylum must be given access to the asylum determination process, regardless of how they entered the country. Their applications must still be assessed under the Refugees Act.

Those whose applications are found to be fraudulent, abusive or without merit can still have their claims rejected. The government also retains the power to deport people who do not qualify for refugee protection, provided the required legal processes have been followed.

Home Affairs has also warned of what it describes as misinformation surrounding the judgment, saying the department is constitutionally obliged to implement the Constitutional Court’s binding order.

Thursday’s unrest comes less than a month before South Africans vote in the local government elections on November 4.

Immigration has become an increasingly prominent issue in political campaigning, with several parties and organisations taking positions on undocumented migration, asylum seekers and border control.