From Daily Maverick · Laura Freeman · · 3m
Home Affairs' asylum chaos of its own making
A court ruling on asylum procedures sparked xenophobic riots, but the real failure lies in years of closed offices and rejected applications.
In brief
A court ruling on asylum procedures sparked xenophobic riots, but the real failure lies in years of closed offices and rejected applications. South Africa's Department of Home Affairs closed asylum offices for years, then withdrew a court-ordered directive to reopen them after xenophobic protests, leaving legitimate…
Court ruling sparks violent backlash
A Constitutional Court judgment on asylum procedures led to riots and protests in Durban and Soweto last week.March and March spread false claims that Home Affairs had granted asylum seekers residency, citizenship or voting rights.
NGOs challenge asylum barriers
In February two thousand twenty-six, the Scalabrini Centre of Cape Town and Lawyers for Human Rights sued the Department of Home Affairs to challenge procedural obstacles blocking asylum applicants from lodging claims.
Transit visa requirement blocks applicants
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An amendment to the Refugee Act requires asylum seekers to obtain a transit visa at a port of entry, then reach one of five Refugee Reception Offices within five days.
Court finds procedure violates refugee law
In July, the court ruled that blocking asylum applications for procedural non-compliance was invalid. Doing so amounts to possible refoulement, forcibly returning asylum seekers to countries where they face persecution, torture or serious harm.
Good cause interviews found arbitrary
Home Affairs conducted good cause interviews to determine if applicants had valid reasons for lacking a transit visa.
Home Affairs issues compliance directive
On twenty-eight September two thousand twenty-six, to comply with the court order within sixty days, Home Affairs directed all Refugee Reception Offices to receive every person reporting in person and indicating intention to apply for…
Offices reopen to long queues
On two October, Gqeberha was the first Refugee Reception Office to reopen to new applicants, with others following over the week.
Home Affairs withdraws directive
On Friday, Home Affairs withdrew the directive, noting national interest, security considerations and impracticality in operationalisation. Refugee Reception Offices closed again to newcomers, returning to the status quo despite the court judgment still requiring implementation.
Context missing from the uproar
South Africa hosts about one hundred sixty-seven thousand refugees and asylum seekers, while there are about two point four million international migrants.
Years of unlawful office closures
Before two thousand twenty-four, Refugee Reception Offices closed during Covid from March two thousand twenty to May two thousand twenty-two.
Massive backlog from high rejection rate
Home Affairs boasts of a ninety-five to one hundred percent rejection rate for asylum claims, creating a huge backlog of one hundred sixty-one thousand asylum appeals.
Coordination failures and disinformation
In releasing the directive, Home Affairs did not coordinate or seek input from the Inter-Ministerial Committee on Migration or refugee groups.
A procedural matter spirals into chaos
A relatively simple procedural matter around asylum applications led to violence, confusion and disinformation. The attacks on the Constitutional Court reflect a broader pattern of the South African constitutional project under attack, with Home Affairs'…
In short
South Africa's Department of Home Affairs closed asylum offices for years, then withdrew a court-ordered directive to reopen them after xenophobic protests, leaving legitimate applicants unable to apply.
