The South African Department of Home Affairs has withdrawn a directive issued on September 28 to refugee reception offices on accepting asylum applications. According to home affairs spokesperson Thulani Mavuso, the directive was issued by director-general Tommy Makhode as a purely operational attempt to support the implementation of a Constitutional Court judgment in the “Scalabrini Centre of Cape Town” case. The withdrawal of the directive does not overturn the ruling, and the department says it is committed to complying with it.
The Constitutional Court ruled on July 7 that procedural non-compliance cannot, on its own, prevent an asylum seeker’s claim from being assessed on its merits. Mavuso stated that the department’s attempt to implement the ruling had led to serious consequences that could not be predicted. Refugee reception offices operations were overwhelmed within a matter of days of the directive being issued, home affairs officials were placed at risk, and serious threats to public safety and order had emerged.
Home affairs minister Leon Schreiber said the department respected the court’s judgment, despite disagreeing with aspects of it. Schreiber mentioned that the department had approached the courts because the system had become overwhelmed by judgments and orders. The department is seeking to balance its duties with the need to maintain public safety and order.
Schreiber added that the department was taking steps to address the challenges posed by the court’s ruling. He emphasized that the department was committed to finding a practical solution that would allow it to process asylum applications efficiently while ensuring public safety. The department is working to address the administrative challenges that have arisen from the implementation of the court’s ruling.
An inter-ministerial committee, chaired by Mamoloko Kubayi, is exploring ways to increase the department’s capacity to process asylum applications and appeals faster. Kubayi suggested that if the department could take applications and give a decision within the same day, that would be the best approach. The committee is also considering asking the court to delay implementation while the department addressed administrative challenges.
The government is also looking to fast-track proposed immigration legislation, a White Paper, through cabinet and parliament. Kubayi stated that this would help to address the challenges faced by the department in processing asylum applications. The government is working to find a comprehensive solution to the issues faced by the department.
The withdrawal of the directive is a temporary measure to allow the department to regroup and reassess its approach to implementing the court’s ruling. The department’s commitment to complying with the ruling remains unchanged. The government is working to find a practical and sustainable solution to the challenges posed by the court’s ruling.
Key points
- The Department of Home Affairs withdrew a directive on accepting asylum applications due to overwhelmed offices and safety concerns.
- The Constitutional Court ruling of July 7 emphasized that procedural non-compliance cannot prevent an asylum seeker’s claim from being assessed on its merits.
- The government is exploring ways to increase the department’s capacity to process asylum applications and appeals faster.
