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South African Home Affairs Department withdraws controversial asylum seeker intake directive

By Karim Fouad · Published 09 Oct 2026, 11:01 UTC

The Department of Home Affairs has retracted a September 28 directive governing asylum application processing following widespread protests in Soweto and Durban.

Illustrative photo: South African Home Affairs Department withdraws controversial asylum seeker intake directive
Illustrative photo · Photo: Joe Gratz · CC0 · Wikimedia Commons

Quick facts

Original directive date
28 September
Court judgment date
7 July
Incident location
Orlando West, Soweto

Refugee reception offices were overwhelmed within days after the department implemented the new intake measures, triggering violent unrest that saw vehicles torched in Soweto and Durban. In response, local community members in Orlando West gathered outside the Home Affairs office, waving flags and declaring they would not allow foreign nationals to be assisted at the facility. JMPD spokesperson Xolani Fihla confirmed that a heavy police presence is now monitoring the area, which has been designated a red zone to prevent a repeat of recent violence. While the police are engaging with protesters to maintain order, the department has explicitly stated that the now-withdrawn directive was an operational attempt to comply with a July 7 Constitutional Court judgment. The department clarified that this directive was issued without the knowledge or involvement of the Home Affairs Minister or any other political office-bearer, firmly rejecting claims that the policy shift was politically motivated. Officials cited significant risks to Home Affairs staff and emerging threats to public safety as the primary drivers behind the sudden reversal. Moving forward, the department intends to initiate a new process to establish a sustainable operational approach to meeting the court’s requirements. This follow-up plan is intended to replace the failed directive while ensuring compliance with the judicial order originally stemming from the Scalabrini Centre of Cape Town case.

Home AffairsSouth AfricaAsylum SeekersConstitutional CourtProtests

Sources & Coverage

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