The Department of Home Affairs has withdrawn a directive on how asylum seeker applications are taken in. The department said refugee reception offices were overwhelmed within days of the directive coming into use.
The department confirmed on Friday, 9 October, that its Director-General had withdrawn the directive. It was issued on 28 September and sent to all Refugee Reception Offices across the country.
“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.
According to the department, the problems included offices that could not cope, threats to the safety of its officials and fears about public order. It said the situation got worse within days, which led to the decision to withdraw the directive.
“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 said.
The directive was meant to help the department follow a Constitutional Court judgment handed down on 7 July. That case was brought in the Scalabrini of Cape Town matter.
Pulling the directive does not cancel or pause the court ruling. The judgment remains binding on the department, and Home Affairs said it is still legally required to comply with it.
The department also rejected claims that the directive was politically motivated. It said the Director-General’s office issued the instruction only to put the court judgment into practice.
“The directive was originally issued to all Refugee Reception Offices (ROs) 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,” the department said.
The department pointed out that it had opposed the court case in the first place. “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,” it said.
In July 2026, the Constitutional Court upheld an earlier ruling by the Western Cape High Court. That ruling declared parts of the Refugees Act unconstitutional and invalid.
The judgment made it clear that paperwork requirements cannot automatically stop a person from entering the asylum system. This gave asylum seekers stronger protection in the application process.
Home Affairs said it respects the courts and the rule of law. It said it wants a way to apply the judgment that does not disrupt the work of refugee reception offices.
“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,” the department said.
Source: this article is based on reporting by IOL. Image: IOL. Written with the help of AI and published by the Tzaneen Voice News desk. See our Editorial Standards.
Kgomotso Maake covers news and politics for Tzaneen Voice. Kgomotso reports on government, Parliament, municipalities, courts, crime and service delivery across South Africa, with a close eye on how national decisions reach towns like Tzaneen and the wider Limpopo province. Stories are written in plain English and focus on the facts: who made the decision, what it means, and what happens next.