Durban and Soweto Protests: Home Affairs Withdraws Asylum Directive
Updated: 9 October 2026
The Department of Home Affairs has withdrawn its directive on accepting asylum seeker applications following violent protests in Durban and Soweto, where at least 24 vehicles were reportedly set alight and businesses were damaged.
The decision follows unrest on Thursday, 8 October, linked to public opposition to the implementation of a Constitutional Court ruling on access to South Africa’s asylum application process.
Home Affairs says the directive overwhelmed refugee reception offices within days, put officials at risk and raised serious concerns about public safety. The department will now develop a new operational approach to comply with the court order. The withdrawal does not overturn the Constitutional Court’s judgment.
What happened during the Durban and Soweto protests?
Violent protests broke out in parts of Durban and Soweto on Thursday amid tensions over the processing of asylum applications and the treatment of foreign nationals.
Vehicles were torched, shops were damaged and businesses owned by foreign nationals were among those targeted. Reports from the affected areas described disruption as police responded to the unrest.
The reported vehicle toll reached at least 24 across the two areas. Sowetan reported 14 vehicles set alight in Durban and 10 in Soweto, while other reports also confirmed widespread vehicle fires and damage to businesses.
The violence followed growing tensions outside refugee reception facilities after large numbers of foreign nationals sought access to the asylum application process.
Why did Home Affairs withdraw the asylum directive?
On 28 September, the Director-General of Home Affairs issued a directive intended to help refugee reception offices implement a Constitutional Court judgment delivered on 7 July.
According to the department, the directive was an operational measure issued by the Director-General’s office without the knowledge of the Home Affairs Minister or other political office-bearers.
Home Affairs said the implementation process quickly overwhelmed reception offices, created risks for officials and contributed to concerns about public safety and order.
The department has withdrawn the directive and said it will determine a more appropriate and sustainable way to implement the court’s judgment.
The withdrawal was announced on 9 October 2026. Home Affairs has reaffirmed its commitment to complying with the court order.
What does the Constitutional Court ruling mean for asylum seekers?
The Constitutional Court ruling concerns access to the asylum system. It addresses legal provisions that could prevent people from having their asylum applications considered because of procedural or technical immigration issues, including how they entered the country.
The ruling does not automatically grant refugee status, permanent residence or citizenship to undocumented foreign nationals.
An asylum application still has to be assessed under the applicable law. Access to the process is not the same as approval of a claim.
This distinction matters because misinformation about the judgment has contributed to public tension. The government has warned against claims that the ruling gives all undocumented foreign nationals automatic legal status or unrestricted access to public benefits.
What happens next?
Home Affairs says it will develop a revised operational approach to implement the Constitutional Court’s judgment while addressing the practical challenges experienced at refugee reception offices.
The details of that approach had not yet been announced in the department’s statement on 9 October.
Meanwhile, authorities have condemned the violence and indicated that criminal acts associated with the unrest will be investigated.
The situation highlights the challenge of implementing a court ruling while managing pressure on public services, protecting staff and maintaining public order. It also underlines the importance of distinguishing between the right to apply for asylum and the legal decision on whether an applicant qualifies for protection.
This article will be updated as Home Affairs announces its revised procedure or authorities release further confirmed information.
Frequently asked questions
Why did protests take place in Durban and Soweto?
The protests were linked to opposition to the implementation of a Constitutional Court ruling concerning access to South Africa’s asylum application process. The unrest included vehicle fires and damage to businesses.
Has Home Affairs withdrawn the asylum directive?
Yes. The Director-General of Home Affairs withdrew the directive on 9 October 2026 after the department reported operational pressure, risks to officials and concerns about public safety.
Has the Constitutional Court ruling been cancelled?
No. The withdrawal of the Home Affairs directive does not overturn the Constitutional Court’s judgment. The department says it will develop a new operational approach to comply with the order.
Does the ruling automatically grant asylum to undocumented foreign nationals?
No. The ruling concerns access to the asylum application process. Each claim must still be assessed under the applicable law.
How many vehicles were torched during the protests?
Reports put the total at at least 24 vehicles across Durban and Soweto. Sowetan reported 14 in Durban and 10 in Soweto.
What happens to asylum applications now?
Home Affairs says it will determine a revised procedure for implementing the court order. Applicants should check official department announcements for the latest instructions rather than assume the withdrawn directive remains in force.
