# Court ruling on asylum seekers sparks violent protests

> A Constitutional Court decision on refugee processing triggered riots in Durban and Soweto, fuelled by misinformation about what the ruling actually does.
- Title: Court ruling on asylum seekers sparks violent protests
- Summary: A Constitutional Court decision on refugee processing triggered riots in Durban and Soweto, fuelled by misinformation about what the ruling actually does…
- Keywords: constitutional court, asylum seekers, refugees act, home affairs, durban, soweto, xenophobia, march and march, jacinta ngobese-zuma, south africa, 2026 local government elections, news
- Source: Daily Maverick — https://dailymaverick.co.za/article/2026-10-09-what-to-know-about-the-refugee-ruling-that-sparked-riots-in-durban-and-soweto
- Author: Reitumetse Pilane
- Published: 2026-10-09T19:02:35+00:00
- Read time: 3 min
- Topics: constitutional court, asylum seekers, refugees act, home affairs, durban, soweto, xenophobia, march and march, jacinta ngobese-zuma, south africa, 2026 local government elections, news
## Violence erupts over asylum ruling
On Thursday, eight October twenty twenty-six, twenty four cars were torched during protests in Durban and Soweto. The violence followed a Home Affairs directive on processing asylum seekers.
## Court ruled asylum barriers unconstitutional
In July, the Constitutional Court declared certain provisions of the Refugees Act unconstitutional and invalid. The ruling said specific procedural barriers to lodging an asylum claim must be removed.
## What the old rules required
The Refugees Act required asylum seekers to enter through a designated port of entry and lodge applications within five days at one of five refugee reception offices. Officers could reject applicants on the spot.
## Court found barriers blocked genuine claims
The court found procedural barriers could prevent genuine asylum seekers from accessing assessment of their claim, particularly given the constitutional right to dignity and the principle of non-refoulement.
## Home Affairs issued new directive
On twenty eight September, Home Affairs issued a directive instructing refugee reception offices to receive people who report in person and indicate they intend to apply for asylum, and to help them lodge applications.
## Protests began in Durban
On Tuesday, six October, members of March and March disrupted asylum applications at the Durban Refugee Reception Office on Che Guevara Road, where hundreds of people had queued to apply for asylum.
## Violence escalated through the week
Anti-foreigner protests in Durban continued throughout the week with violence escalating. People were injured and multiple vehicles were torched while foreign-owned shops were looted.
## Soweto saw clashes and property destruction
In Soweto on Thursday, anti-foreigner demonstrators clashed with foreign shop owners amid reports of gunshots and property destruction. Vehicles were also set alight.
## Ngobese-Zuma called ruling shocking
March and March leader Jacinta Ngobese-Zuma described the court ruling as absolutely shocking and argued the directive would give foreign nationals free will to seek asylum and pressure finite resources.

> absolutely shocking
## She claimed immigration laws no longer matter
Ngobese-Zuma said the directive means South Africa has no need for immigration laws. She claimed illegal migrants are responsible for unemployment, crime, healthcare and education problems.

> As illegal as they are, it means that we have no need for immigration laws in this country
## Government denied automatic refugee status
On Thursday, the Inter-Ministerial Committee on Migration reasserted that the court judgment does not automatically grant refugee status or permanent residence, nor does it legalise unlawful migration.
## Committee warned of misinformation
The Inter-Ministerial Committee addressed misinformation surrounding the ruling, warning that false or sensational claims could fuel social tensions and undermine confidence in public institutions.
## Many anti-migrant claims lack evidence
Many widely circulating claims from anti-migrant groups are unsupported by evidence. Debate about South Africa's immigration system is highly contested and common claims about foreigners are not backed up by facts.
## Home Affairs withdrew the directive
On Friday, the director-general of the Department of Home Affairs withdrew the directive. The department said it will start from scratch to draft a sustainable plan that meets the Constitutional Court requirements.
## Department cited overwhelmed operations
Home Affairs said the attempt to implement the judgment immediately led to serious consequences. Refugee reception office operations were overwhelmed within days, officials were at risk, and threats to public safety emerged.
## Migration remains election issue
Migration is likely to remain a key issue ahead of the four November elections and beyond, as repeated cycles of violence against foreigners over the last two decades have shown.
## Key takeaway

Violent protests erupted in Durban and Soweto after Home Affairs implemented a court ruling on asylum seekers, with 24 cars torched and shops looted amid widespread false claims about the directive's effects.