South Africa: Pretoria withdraws asylum directive following the burning of 24 vehicles in Soweto and Durban

The South African Department of Home Affairs announced on October 9, 2026, the withdrawal of the directive that instructed refugee reception offices to register the application of anyone presenting themselves to seek asylum, regardless of their migration status. The decision comes the day after violence targeted businesses owned by nationals of other African countries in Soweto and Durban.

According to the South African daily IOL, the directive had been issued on September 28, 2026, by the department's director-general, without the minister or any political official being informed. The department presents it as a "purely operational" attempt to implement a Constitutional Court ruling and acknowledges unforeseen consequences: offices overwhelmed within days, staff exposed, and "serious threats" to public safety. It rejects any political motivation and announces a new process to define a compliant implementation.

What the Constitutional Court ruling says

The ruling in question was delivered on July 7, 2026, in the case of Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others, reports IOL. The Court upheld a decision by the Western Cape High Court declaring unconstitutional provisions of the Refugees Act that allowed an applicant to be turned away for procedural reasons: irregular entry, lack of a transit visa for asylum, or missing deadlines for presentation.

The ruling does not automatically grant refugee status, permanent residence, or citizenship: each application must be examined on its merits. The withdrawal of the directive does not cancel the ruling. Government spokesperson William Baloyi attributed the violence to the deliberate spread of false information regarding the scope of the decision, according to Al Jazeera, and expressed deep concern over the situation.

Twenty-four vehicles set on fire

On October 8, 2026, ten vehicles were set on fire in Johannesburg and fourteen in Durban, totaling twenty-four, indicated Lieutenant-General Puleng Dimpane, acting head of the national police. Three people were arrested in Durban, where police fired rubber bullets to disperse protesters, according to AFP as cited by Al Jazeera. Shops belonging to foreigners were looted and others were forced to close. The radio station EWN reports nine investigations for property damage, three for assault, and one for public violence.

In Orlando West, Soweto, the mobilization heading toward the Home Affairs offices was intended to remain peaceful, asserts community leader Tshepo Mposule, quoted by the Daily Maverick: residents closed at least three foreign-owned businesses, then a confrontation escalated into stone-throwing and car fires. The army subsequently patrolled the township. "The right to express concerns and protest does not give anyone the right to commit a crime," declared Lieutenant-General Dimpane.

Months of pressure on African communities

The Premier of Gauteng, Panyaza Lesufi, welcomed a "major relief," believing that the withdrawal allows time for consultation without calling the ruling into question, reports EWN. Months of anti-migrant protests have already pushed tens of thousands of people to leave South Africa, some repatriated by their own governments. Unemployment affects about a third of the South African workforce, and accusations that migrants are taking jobs or fueling crime are not supported by any evidence, Al Jazeera points out.

The department must now draft new instructions compatible with the Court's decision. In the meantime, millions of people from the continent who have settled in South Africa remain in limbo under a legal framework that the country's highest court has already deemed unconstitutional.