Home Affairs withdraws asylum directive after refugee offices overwhelmed

Home Affairs has withdrawn its asylum seeker directive after refugee reception offices were overwhelmed within days, exposing officials to safety risks and raising serious public order concerns.

The Department of Home Affairs has withdrawn a controversial directive governing the intake of asylum seeker applications after refugee reception offices were overwhelmed within days of its implementation, raising serious concerns about the safety of officials and public order.

The department confirmed on Friday, October 9, that its Director-General had withdrawn the directive issued on September 28, following a Constitutional Court judgment delivered on July 7 in the Scalabrini of Cape Town matter.

The department said the directive, which had been circulated to all Refugee Reception Offices (RROs), was intended to facilitate compliance with the court's ruling but resulted in operational challenges that had not been anticipated.

"However, the attempt to practically implement the judgement immediately led to serious consequences that could not have been foreseen in the Court order," the department said.

These included refugee reception offices being overwhelmed, threats to the safety of Home Affairs officials, and growing concerns about public safety and order.

According to the department, the implementation of the directive placed immediate pressure on refugee reception facilities, creating operational and security challenges.

The department said the situation deteriorated within days of the directive being issued, prompting the decision to withdraw it.

"This includes, amongst others, the fact that RRO operations were overwhelmed within a matter of days since the directive was issued, Home Affairs officials were placed at risk, and that serious threats to public safety and order had emerged."

The withdrawal represents a significant reversal in the department's approach to implementing the Constitutional Court ruling.

The department has also strongly rejected allegations that the directive was politically motivated, insisting that it was an administrative decision taken without the involvement of the Minister of Home Affairs or other political office-bearers.

It said the Director-General's office had issued the instruction solely to give operational effect to the Constitutional Court judgment.

"The directive was originally issued to all Refugee Reception Offices (ROs) 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."

The department maintained that suggestions of political interference were unfounded, particularly because it had opposed the Constitutional Court case that led to the ruling.