The South African government has withdrawn a directive on the processing of asylum applications following violent anti-migrant protests in parts of the country, during which vehicles were set ablaze and foreign-owned businesses were looted.
The Department of Home Affairs announced the decision on Friday, October 9, 2026, following clashes in Johannesburg’s Soweto township and the coastal city of Durban. The department said the directive had placed considerable pressure on refugee reception offices, created operational difficulties and raised concerns about public safety.
The directive, issued on September 28, was intended to help implement a Constitutional Court judgment delivered in July. The ruling addressed provisions of South Africa’s refugee legislation that prevented some people from accessing the asylum system because of procedural issues, including irregular entry into the country or failure to meet certain reporting requirements.
The court’s decision required authorities to allow people seeking asylum access to the application process so their claims could be assessed on their merits. It did not automatically grant refugee status, permanent residence or unrestricted permission to remain in South Africa.
However, the implementation of the directive reportedly led to a sharp increase in the number of people seeking to lodge asylum applications, placing additional pressure on already strained reception facilities.
The unrest escalated on Thursday, October 8, when protesters reportedly set fire to vehicles and looted shops, including businesses owned by foreign nationals. Police were deployed to contain the violence, while authorities later reported that the situation had stabilised following their intervention.
In announcing the withdrawal, the Department of Home Affairs said it would develop a fresh operational approach to comply with the Constitutional Court’s judgment while addressing the practical challenges exposed by the directive.
The department also clarified that the directive had been issued as an operational measure by its director-general’s office without the knowledge of the minister or other political officeholders. It rejected claims that the decision was politically motivated and reaffirmed its commitment to the rule of law.
The development comes amid renewed tensions over immigration in South Africa, where foreign nationals have frequently faced hostility linked to concerns about unemployment, crime and pressure on public services. However, migrants should not be collectively blamed for these challenges, and violence against people or their businesses remains a serious concern.
The clashes have also raised questions about the safety of foreign nationals and the potential consequences for relations between South Africa and other African countries. Repeated outbreaks of xenophobic violence have strained regional relations and heightened concerns among migrant communities.
Despite withdrawing the directive, the government has not overturned the Constitutional Court’s ruling. Authorities are expected to consider a more sustainable way to implement the judgment while improving asylum processing, identity verification and the assessment of applications.
The immediate challenge for the government is to restore public order, protect residents and foreign nationals from violence, and ensure that immigration procedures comply with the law.
The withdrawal therefore represents a change in how the government intends to administer asylum applications, rather than a cancellation of the court’s decision or an automatic rejection of asylum seekers’ claims.
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