The South African Department of Home Affairs has issued a directive instructing all refugee reception officers to accept asylum applications from anyone seeking protection, including those who entered the country illegally. The directive, signed by Acting Director-General Thulani Mavuso on September 28, aims to implement a July 2026 Constitutional Court ruling that declared key sections of the Refugees Act invalid. This ruling has significant implications for the country's asylum process.
The directive explicitly states that every refugee reception office must receive and assist individuals who report in person and indicate an intention to apply for asylum. This includes those who entered the country unlawfully, did not declare an intention to apply for asylum at a port of entry, hold no visa, or did not report to a refugee reception office within five days of entry. Officials are prohibited from requiring applicants to give reasons for unlawful entry or produce an asylum transit visa.
According to the department, refugee reception offices are not allowed to enforce quotas or policies that restrict access to the application process. The directive has sparked heated public debate regarding border enforcement and refugee legislation. Mavuso confirmed the directive's validity but raised concerns over severe administrative backlogs. He warned that the department may be overwhelmed by the numbers of applicants.
Mavuso expressed concerns that individuals who know they are not seeking protection due to fear of persecution will cause administrative delays. They will join the queues alongside genuine asylum seekers who urgently require protection. The surge in applicant numbers at the Durban office last week is a case in point. Mavuso emphasized that staff cannot turn people away and must instead find operational solutions.
To address the challenges, Mavuso suggested extending office hours and hiring additional staff. He clarified that under current law, the department is required to include applicants in the processing system before determining whether they qualify for exclusion. Factors such as coming from a politically stable nation will be taken into consideration during evaluation.
Economic hardship alone does not qualify someone for asylum status. Mavuso warned that individuals granted asylum status are not allowed to visit their home countries and come back. If they do, it proves their claims of persecution were unfounded and that they abused the asylum process. The department is committed to upholding the constitutional protection of life once a person is within South Africa's borders.
When asked about applicants with existing criminal records, Mavuso emphasized that human rights principles come first. The primary duty of the state is to protect the individual. The implementation of the directive will be closely watched, as it aims to balance the country's asylum obligations with concerns over border enforcement and system abuse.
Key points
- The directive instructs refugee reception officers to accept asylum applications from anyone seeking protection, including those who entered South Africa illegally.
- The department is prohibited from enforcing quotas or policies that restrict access to the application process.
- Applicants with existing criminal records will be considered for asylum, with human rights principles taking precedence.
