South Africa’s Department of Home Affairs has rescinded a directive regarding asylum applications following unrest in Durban and Soweto. Protests erupted on October 8, leading to reports of 24 vehicles being set ablaze, along with injuries, looting of shops owned by foreigners, and property damage.
The directive, issued on September 28, aimed to put into effect a ruling from South Africa’s Constitutional Court that declared certain procedural restrictions in the Refugees Act unconstitutional. The court’s ruling was intended to ensure that individuals could submit asylum applications without being hindered by those restrictions.
Details of the Directive
The directive mandated that refugee reception centers must accept individuals who express a desire to seek asylum and assist them in the application process. This applied particularly to those entering the country unlawfully or who had not registered within five days at one of five designated centers.
On October 6, a protest disrupted the application process at a reception center in Durban, where hundreds were waiting in line. This was followed by an anti-foreigner protest on October 9 in Johannesburg, where over 300 participants gathered near the Constitutional Court, resulting in a vehicle being burned and police using rubber bullets to disperse the crowd.
Government’s Response
The Inter-Ministerial Committee on Migration clarified that the Constitutional Court’s ruling does not grant automatic refugee status or the right to permanent residency, nor does it legalize illegal migration. Each applicant is still required to undergo a formal refugee status determination process.
According to the Department of Home Affairs, the directive led to overcrowding at refugee reception centers shortly after it was announced, presenting security challenges for staff. The department has announced plans to create a new procedure to effectively implement the court’s ruling while addressing practical considerations.
