Home Affairs retreats on asylum directive amid unrest

Home Affairs retreats on asylum directive amid unrest

Department reverses asylum processing rule after violent protests

South Africa’s Department of Home Affairs has withdrawn a directive governing the processing of asylum applications, a decision that came after days of violent unrest in Durban and Johannesburg’s Soweto township. The withdrawal marks a significant reversal for a government institution caught between a court mandate and escalating disorder on the ground.

The directive itself had been issued by the Department of Home Affairs in compliance with a court judgment. That ruling found that asylum seekers could not be denied access to South Africa’s asylum system solely on procedural grounds, such as entering the country illegally. In other words, the judiciary had constrained the executive’s discretion to screen applicants out before their claims could be heard.

Implementing the ruling quickly tested the department’s capacity. Offices handling asylum claims were overwhelmed, and the Department of Home Affairs said the situation placed its officers at serious risk. The unrest began in Durban, where a group demanding that a refugee center stop processing asylum applications staged a protest. Vehicles were overturned and set on fire, and foreign-owned shops were looted. Rioters torched 14 cars in the coastal city before the violence spread to Soweto on Thursday, where 10 vehicles were burned, shops were looted, residents clashed with foreign shop owners, and gunshots were heard, according to the broadcaster Newzroom Afrika.

Johannesburg Metropolitan Police Department spokesman Superintendent Xolani Fihla addressed the situation in an interview with SABC television. “It’s reported that there were clashes between foreign nationals in the area and South African nationals,” he said. “At the present moment, I can confirm that no injuries have been reported.”

The court ruling at the center of the crisis deemed certain provisions of the government’s refugee policy to be unconstitutional, and it has fueled a flare-up of xenophobic tensions. In recent weeks, hundreds of people, reportedly including some who do not qualify for asylum, have flocked to government refugee centers. Seeking to clarify the limits of the judgment, the government stated on Wednesday that the ruling “does not grant refugee status or permanent residence automatically to anyone who enters South Africa.”

Meanwhile, the episode unfolds against a broader backdrop of institutional strain and contested policy. South Africa has experienced months of anti-immigrant protests this year, with populist and anti-immigrant groups demanding that undocumented foreign nationals leave by June 30. Amid international criticism, tens of thousands of people have fled the country, while some were repatriated by their governments.

The tension between economic reality and public rhetoric remains sharp. Although a third of South Africa’s population is unemployed, the country remains the largest economy in Africa and continues to attract migrants. Migrants are often blamed for taking jobs, fueling crime, and straining public services, but social scientists have said these accusations are not supported by evidence.

What remains unresolved is how the state will reconcile its obligation to comply with the court ruling with its duty to maintain order and protect its own offices and personnel. Further reporting on the reversal is available at https://www.dw.com/en/south-africa-pulls-asylum-directive-after-violent-protests-in-johannesburg-durban/a-79605037, and the accountability questions it raises are likely to persist as long as the judgment stands and implementation remains contested.

Q&A

Why did the Department of Home Affairs withdraw the asylum directive?

It withdrew the directive after days of violent unrest in Durban and Soweto, saying the situation placed its officers at serious risk, even though the directive had been issued to comply with a court judgment.

What did the court ruling decide?

The ruling found asylum seekers could not be denied access to South Africa's asylum system solely on procedural grounds such as entering the country illegally, and deemed certain provisions of the government's refugee policy unconstitutional.

What happened during the unrest?

In Durban, protesters demanding a refugee center stop processing asylum applications overturned and set fire to vehicles, torched 14 cars, and looted foreign-owned shops. Violence then spread to Soweto, where 10 vehicles were burned, shops were looted, residents clashed with foreign shop owners, and gunshots were heard.

How did the government respond to confusion over the ruling?

On Wednesday the government stated that the ruling does not grant refugee status or permanent residence automatically to anyone who enters South Africa.

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