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Asylum seeker directive scrapped; fresh process to follow: Home Affairs

todayOctober 9, 2026 10

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The Department of Home Affairs has moved to withdraw the directive it issued on the intake of asylum seekers following a Constitutional Court ruling.
The department says it will begin a fresh process to determine the most appropriate operational approach to comply with the apex court’s order.
Government has acknowledged the harm caused by the directive, which it says was intended to provide operational measures to implement the order.
Home Affairs offices have been overwhelmed since the directive was announced, placing officials at risk.
The department says the directive was issued to all Refugee Reception Offices (RROs) as an operational measure to support implementation of the order, without the knowledge of the Home Affairs Minister or any other political office-bearer.
Parts of Gauteng and KwaZulu-Natal have been rocked by chaos and violence amid protests against the directive.
The South African National Defence Force (SANDF) has been deployed to hotspot areas, where vehicles have been torched and foreign-owned spaza shops looted.
Acting National Police Commissioner, Puleng Dimpane, says cases of malicious damage to property and cases of common assault have been opened in Orlando West, Soweto.
“We have nine cases in terms of malicious damage to property that were opened. We have the station commander as well as the Provincial Commissioner indicate that three cases of common assault were opened as well as one public violence case that was processed last night.”
Dimpane added that police will follow up leads to identify those responsible for the violence that took place in Orlando West yesterday.
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    Asylum seeker directive scrapped; fresh process to follow: Home Affairs Lindiwe Mpanza

Meanwhile, some foreign nationals have expressed their disappointment at the withdrawal, labelling it as a ‘shame’.
They say the directive had given them hope of obtaining documentation to legalise their stay in South Africa.
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    Asylum seeker directive scrapped; fresh process to follow: Home Affairs Lindiwe Mpanza

ActionSA has welcomed the withdrawal, saying Home Affairs should never have issued the directive.
The party has called for constitutional amendments and comprehensive immigration policy reforms that introduce firm measures to strengthen South Africa’s immigration system.
The party’s Parliamentary Chief Whip, Lerato Ngobeni, says the withdrawal marks yet another failure by the DA’s Minister of Home Affairs to demonstrate the leadership required to address South Africa’s immigration crisis.
“The GNU must stop lurching from one failed decision to another and take decisive action to restore the rule of law, secure our borders and enforce immigration laws. However, as long as the government remains paralysed by a coalition that fails to take South Africa’s immigration crisis seriously, the country will remain trapped in a cycle of recurring policy failures that do nothing to resolve the crisis.”
Forum for South Africa (FORUM4SA) added its voice, saying South Africa urgently needs a clear, properly managed immigration and asylum policy that protects national interests.
The organisation’s leader, Tebogo Mashilompane, says the directive’s withdrawal should mark the beginning of a broader national conversation, rather than the end of the matter.
“FORUM4SA therefore calls for a national referendum on immigration and asylum policy, alongside comprehensive public consultation and a review of the country’s immigration framework.
“The future of South Africa’s immigration policy must be addressed through lawful, transparent and democratic processes that consider the concerns of South African citizens while respecting constitutional rights.”
Meanwhile, Acting Police Minister, Feroz Cachalia, says the number of undocumented foreign nationals in the country is alarming.
Speaking in KwaZulu-Natal, Cachalia says this is a cause for concern, particularly as South Africans grapple with poverty, unemployment and inadequate service delivery, arguing that undocumented immigration adds pressure to already stretched resources.
He says immigration concerns must be addressed in a manner consistent with the law and South Africa’s obligations to the international community.

Written by: Lindiwe Mpanza

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