Home Affairs Withdraws Asylum Directive as Offices Are Overwhelmed and Protests Erupt

The Department of Home Affairs has withdrawn a directive on the intake of asylum-seeker applications following operational challenges at refugee reception offices and growing public unrest over its implementation.

In a statement released on Friday (October 9, 2026), the department said its director-general had withdrawn the directive issued on September 28 following the Constitutional Court’s July 7 judgment in the Scalabrini Cape Town matter.

The directive was intended to help the department implement the court’s order. However, Home Affairs said its refugee reception offices were overwhelmed within days, while officials were placed at risk and serious concerns about public safety and order emerged.

The withdrawal comes amid protests in Durban over the implementation of the judgment, which has sparked concerns about the implications for undocumented foreign nationals and asylum seekers.

The department rejected claims that the directive was politically motivated, saying it had been issued without the knowledge of the home affairs minister or any other political office-bearer.

Home Affairs said it would now begin a fresh process to determine an appropriate and sustainable operational approach to comply with the Constitutional Court’s order.

The department also reaffirmed its respect for the judiciary and the rule of law.

The withdrawal of the directive does not amount to the reversal of the Constitutional Court’s judgment. Instead, Home Affairs says it intends to find another way to implement the order.