Home Affairs withdraws asylum directive after protests and public safety concerns

The Director-General of the Department of Home Affairs has withdrawn a directive issued on 28 September regarding the intake of asylum seeker applications following a Constitutional Court judgment delivered on 7 July in the Scalabrini Centre of Cape Town matter.

The decision comes amid mounting public tensions over the implementation of the directive, with community protests and reports of a building being set alight adding to concerns about public safety and order.

In a statement on Friday, 9 October 2026, the department said the directive was initially issued to all Refugee Reception Offices (RROs) as an operational measure intended to support the implementation of the court order.

The department said the directive was issued without reference to, or the knowledge of, the Minister of Home Affairs or any other political office-bearer.

It dismissed claims that the directive was politically motivated, saying it stemmed from a Constitutional Court matter that the department had opposed.

However, the department acknowledged that the immediate implementation of the judgment had resulted in serious consequences that were not anticipated in the court order.

These included Refugee Reception Offices becoming overwhelmed within days of the directive being issued, Home Affairs officials being placed at risk, and emerging threats to public safety and order.

The department said the new developments had prompted it to reconsider its operational approach to complying with the court's ruling.

It will now embark on a fresh process to determine the most appropriate and sustainable way to implement the judgment.

Home Affairs reaffirmed its respect for the judiciary and the rule of law, saying it remained committed to finding an operationally appropriate way to comply with the Constitutional Court's order.