Pretoria – South Africa’s Department of Home Affairs has withdrawn a directive governing the intake of asylum seeker applications after its implementation placed pressure on refugee reception offices and raised concerns about staff safety and public order.
The decision was announced on Friday, 9 October 2026, by the department’s Director General, following the withdrawal of an operational instruction issued on 28 September in response to a Constitutional Court judgment delivered on 7 July in the Scalabrini of Cape Town matter.
According to the department, the directive was intended to help refugee reception offices implement the court’s order. It was issued as an operational measure without the involvement or knowledge of the Minister of Home Affairs or other political office bearers.
The department rejected claims that the instruction was politically motivated, explaining that it arose from litigation in which Home Affairs had opposed the case.
However, the implementation of the directive reportedly produced consequences that officials had not anticipated when attempting to give effect to the court ruling.
Within days of its introduction, refugee reception offices were overwhelmed by operational demands, while Home Affairs officials faced risks to their safety. The department also reported emerging concerns over public safety and the maintenance of public order.
These developments prompted the Director General to withdraw the instruction and initiate a fresh process to determine how the department should manage asylum applications while complying with the Constitutional Court’s order.
The department said the next phase would focus on identifying an operational approach that could meet the court’s requirements without creating unsustainable pressures on its facilities and personnel.
Home Affairs maintained that it respected the judiciary and the rule of law, while committing to finding a practical and sustainable way to implement the judgment.
The department did not specify when a replacement directive or revised operational procedure would be introduced.
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