The Department of Home Affairs has temporarily withdrawn its internal operational instructions regarding the acceptance of asylum-seeker applications in South Africa.
The withdrawal comes after the directive from Home Affairs in late September, which instructed Refugee Reception Offices (RROs) to accept applications without procedural blocks.
However, implementing this led to an unexpected influx of asylum seekers, resulting in long queues and overwhelming staff.
The directive also prompted protests and social unrest from anti-immigrant groups, which turned violent this week, putting the offices and the security of foreign nationals at risk.
“RRO operations were overwhelmed within a matter of days since the directive was issued, Home Affairs officials were placed at risk, and serious threats to public safety and order had emerged,” said the Department of Home Affairs.
To manage this response and address overcrowding and safety risks, the Director-General withdrew the specific administrative instruction issued in September, which directed the Department to develop a safer, better-managed intake method.
Withdrawing the internal instruction does not cancel or alter the Constitutional Court ruling, and the legal right to apply for asylum-seeker status remains valid.
“The directive was originally issued to all RROs 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,” said the Department.
“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.”
The internal instructions issued on 28 September 2026 directed staff at the five RROs on handling the intake and acceptance of asylum-seeker applications.
The officials were told to accept applications from individuals who had previously been denied entry due to procedural blocks, such as entering the country irregularly, lacking an asylum transit visa, or missing reporting deadlines.
The officials were also instructed to allow these individuals to submit claims for formal evaluation under the legal determination process, rather than being rejected upfront.
“The Department will embark on a fresh process to determine the most appropriate operational approach to ensure compliance with the Constitutional Court’s order.”
