Home Affairs withdraws asylum directive as refugee offices struggle with influx

Home Affairs has withdrawn a directive aimed at changing how asylum applications are handled after refugee reception offices became overwhelmed within days of its introduction.

The department confirmed the decision on Friday, 9 October, following concerns about mounting pressure on facilities, the safety of officials and the risk of disorder.

However, the withdrawal does not mean the Constitutional Court has reversed its ruling on asylum seekers. The judgment remains binding, and Home Affairs is still required to comply with it.

The now-withdrawn directive was issued on 28 September in response to a Constitutional Court judgment delivered on 7 July in the Scalabrini Centre of Cape Town matter.

Why Home Affairs withdrew the directive

According to the department, the directive was intended to help refugee reception offices implement the court’s ruling. Instead, its immediate rollout created operational difficulties that Home Affairs says were not anticipated.

The department reported that reception offices were overwhelmed within days, while officials faced safety concerns and the situation raised broader questions about public order.

Home Affairs said these developments prompted the Director-General to withdraw the instruction and reconsider how the judgment should be implemented in practice.

The decision marks a change in the department’s operational approach, but it does not remove its legal obligations under the court order.

Department denies political interference

Home Affairs has rejected claims that the directive was politically motivated, saying it was an administrative decision taken by the Director-General’s office.

The department said the instruction was issued without the knowledge or involvement of the Minister of Home Affairs or other political office-bearers.

It also argued that allegations of political interference were unfounded because the department had opposed the legal case that led to the Constitutional Court judgment.

The clarification comes amid growing controversy over how the ruling should be put into effect and how the asylum application process should operate at reception offices.

Constitutional Court ruling still applies

In July, the Constitutional Court upheld an earlier Western Cape High Court ruling that found parts of the Refugees Act unconstitutional and invalid.

The judgment addressed procedural barriers that could prevent asylum seekers from accessing the country’s asylum system. It reinforced the principle that administrative requirements cannot automatically be used to shut people out of the process.

Although Home Affairs has withdrawn its directive, it cannot simply disregard the court’s decision.

The department said it would begin a fresh process to determine how best to implement the ruling while accounting for the operational and security problems experienced during the initial rollout.

It has reaffirmed its commitment to respecting the judiciary and the rule of law, saying its next approach must be both legally compliant and workable for refugee reception offices.

For now, the central issue remains how Home Affairs will meet its constitutional obligations without allowing already strained facilities to become unmanageable.

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Source: IOL