SA Home Affairs Withdraws Asylum Directive, Con Court Ruling Remains in Place
The Department of Home Affairs has withdrawn a controversial directive governing the intake of asylum seeker applications after refugee reception offices were overwhelmed within days of its implementation.
The department confirmed on Friday, October 9, that its Director-General had withdrawn the directive issued on September 28, following a Constitutional Court judgment delivered on July 7 in the Scalabrini Centre of Cape Town matter.
The withdrawal does not overturn or suspend the Constitutional Court’s ruling, which remains binding on the department.
According to the department, the directive, which had been circulated to all Refugee Reception Offices (RROs), was intended to facilitate compliance with the court’s ruling but resulted in unforeseen operational challenges.
“However, the attempt to practically implement the judgement immediately led to serious consequences that could not have been foreseen in the Court order,” the department said.
These included refugee reception offices being overwhelmed, threats to the safety of Home Affairs officials, and growing concerns about public safety and order.
“This includes, amongst others, the fact that RRO operations were overwhelmed within a matter of days since the directive was issued, Home Affairs officials were placed at risk, and that serious threats to public safety and order had emerged.”
The department has strongly rejected allegations that the directive was politically motivated, insisting that it was a purely administrative decision taken without the involvement of the Minister of Home Affairs or other political office-bearers.
“The directive was originally issued to all Refugee Reception Offices as a purely operational attempt to support the implementation of the Court’s order without reference to, or the knowledge of, the Minister of Home Affairs or any other political office-bearer.”
“Claims that it was a politically-motivated decision are therefore categorically untrue, as the directive emanated from a Constitutional Court case that the Department had opposed.”
In July 2026, the Constitutional Court upheld an earlier Western Cape High Court ruling declaring parts of the Refugees Act unconstitutional and invalid. The judgment strengthened procedural protections for asylum seekers by making clear that administrative requirements cannot automatically prevent a person from accessing the asylum system.
Despite withdrawing the directive, Home Affairs said it remains legally obligated to comply with the judgment and will now embark on a fresh process to determine a more sustainable operational approach.
“With these new facts now at hand, the Department will embark on a fresh process to determine the most appropriate operational approach to ensure compliance with the Constitutional Court’s order.”