By Levy Masiteng
The Home Affairs Department has withdrawn its directive requiring refugee reception offices to accept asylum applications from all people seeking protection, regardless of how they entered South Africa.
The decision follows mounting operational pressure, security concerns and escalating tensions around the country.
The department announced the withdrawal on Friday. It said the directive issued by the director-general’s office on 28 September had overwhelmed refugee reception offices (RRO).
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“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 emerged,” it said in a statement.
The department said the directive was an operational attempt to implement the Constitutional Court’s 7 July judgment in the Scalabrini Centre of Cape Town matter, and was issued without the knowledge of the Home Affairs Minister or other political office-bearers.
“Claims that it was a politically motivated decision are therefore categorically untrue,” the department added
The withdrawal comes after the directive’s implementation triggered long queues at refugee reception offices, protests by anti-immigration groups and clashes in parts of the country, as misinformation and confusion over the court ruling fuelled tensions surrounding access for asylum system.
Tensions have been particularly visible in Durban, where hundreds of asylum seekers gathered outside the refugee reception centre on Che Guevara Road this week, while anti-immigration protesters demanded that the processing of applications be stopped.
Police had to intervene as the situation deteriorated and the centre’s operations were disrupted. On Thursday, they instructed asylum seekers to leave the area due to security concerns.
Meanwhile, in Pretoria, hundreds of foreign nationals were also seen queuing outside the Marabastad Home Affairs office on Thursday to seek asylum.
Thursday’s unrest in Durban and in Soweto saw vehicles being set alight and foreign-owned business targeted.
Tensions have been compounded by false claims circulating online that the Constitutional Court judgment automatically grants legal status to undocumented foreign nationals.
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The government has stressed that the ruling does not provide blanket amnesty or guarantee asylum, but requires eligible claims to be considered in accordance with the law.
Home Affairs said it would now undertake a fresh process to establish how to comply with the judgment without repeating the operational difficulties experienced following the directive.
“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 statement said.
“The Department reaffirms its respect for the judiciary and the rule of law, as well as its commitment to determine an operationally appropriate and sustainable method to comply with the order.”
