The Department of Home Affairs said it has temporarily withdrawn an internal operational instruction that had required Refugee Reception Offices (RROs) to accept all asylum-seeker applications regardless of procedural blocks. The department’s statement noted that the instruction, issued on 28 September 2026, was removed because it created “overwhelmed” queues, put staff at risk and sparked violent anti-immigrant protests.
What the withdrawn instruction entailed
The September directive told staff at the five RROs, the government centres that process asylum claims, to accept applications from people who had previously been rejected due to procedural blocks such as irregular entry, lack of a transit visa or missed reporting deadlines. By allowing these claims to proceed to formal evaluation, the department aimed to comply with a Constitutional Court order that guarantees the legal right to apply for asylum.
According to the department, the instruction was an operational response to the court case and was not approved by the Minister of Home Affairs. The statement stressed that claims of political motivation are “categorically untrue”.
However, the rapid influx of applications led to long lines and stretched staff resources. Protesters from anti-immigrant groups gathered outside the RROs, and the demonstrations turned violent this week, endangering both officials and foreign nationals awaiting processing.
The reversal does not alter the Constitutional Court ruling, the legal right to apply for asylum remains intact. The department said it will develop a “fresh process” to manage intake in a safer, better-controlled manner while still complying with the court’s order.
This episode unfolds against a backdrop of heightened xenophobic unrest in several South African cities, which has disrupted local commerce and raised security concerns for businesses that employ migrant workers. While the immediate impact is on the asylum-seeker system, the broader climate of tension can affect supply chains, retail foot traffic and community relations.
For now, the department’s next step is to draft new operational guidelines that balance court compliance with public safety. The outcome will shape how quickly future asylum applications are processed and how local authorities manage related protests.
The Director-General warned that “RRO operations were overwhelmed within a matter of days since the directive was issued, Home Affairs officials were placed at risk, and serious threats to public safety and order had emerged”, highlighting how quickly the surge in applications strained resources and exposed staff to danger, a situation that prompted the swift withdrawal of the instruction.
Withdrawing the internal instruction does not cancel or alter the Constitutional Court ruling, and the legal right to apply for asylum-seeker status remains valid, meaning that applicants can still lodge claims but must now do so under a revised procedural framework that the department is preparing.
According to the Department, the directive was issued to all five Refugee Reception Offices as a purely operational attempt to support the implementation of the Court’s order without reference to, or the knowledge of, the Minister of Home Affairs or any other political office-bearer, underscoring that claims of political motivation are therefore categorically untrue.
Staff were instructed to accept applications from individuals previously denied because of irregular entry, a missing asylum transit visa or missed reporting deadlines, and to allow those individuals to submit claims for formal evaluation under the legal determination process rather than being rejected outright, a shift that expanded the pool of cases awaiting adjudication.
The Department will embark on a fresh process to determine the most appropriate operational approach to ensure compliance with the Constitutional Court’s order, signalling that a new intake method will be designed to manage volume, protect staff and maintain public order while honouring constitutional obligations.
Future steps involve drafting new operational guidelines that balance court compliance with safety concerns, a task the department has set as its immediate priority, with the expectation that the revised framework will be rolled out once the fresh process identifies a safer, better-managed intake method.
The internal instruction that was pulled was dated 28 September 2026 and applied to all five Refugee Reception Offices, directing staff to accept asylum applications that had previously been blocked for reasons such as irregular entry, lack of a transit visa or missed reporting deadlines. The department clarified that the instruction was an operational measure and was not signed off by the Minister of Home Affairs, underscoring its purely procedural nature. By extending acceptance to those cases, the directive effectively broadened the pool of claims awaiting formal evaluation, a step that quickly overwhelmed the capacity of the centres.
Home Affairs has indicated that it had originally opposed the Constitutional Court case that mandated the right to apply for asylum, a stance that shaped the context of the September directive. The department stressed that the instruction emerged from the court case rather than any political agenda, reinforcing the claim that accusations of political motivation are unfounded. This opposition to the court order explains why the department framed the instruction as a temporary operational response, aiming to meet legal obligations while navigating its own policy reservations.
In launching a fresh process, the department will undertake a systematic review to identify the most suitable operational approach for handling asylum-seeker intake. The review will examine risk factors, staff safety protocols and resource allocation before drafting new guidelines. It is positioned as an immediate priority, with the expectation that the outcome will define a safer, better-managed intake method that still satisfies the Constitutional Court’s mandate. The process will involve internal consultations and likely input from security and legal advisors to balance compliance with public order.
Once the new operational guidelines are finalised, they will be circulated to the five RROs for implementation, and staff will receive training on the revised procedures. Applicants will continue to lodge claims under the constitutional right, but the revised framework will introduce additional checks to prevent the overload that previously occurred. The department has signalled that the rollout will follow the completion of the fresh process, meaning that the next wave of applications will be processed under the updated, safer protocol.
