The South African Department of Home Affairs has withdrawn a contentious directive that governed asylum seeker applications, following an outcry over the safety of officials and public order. The directive, issued on September 28, was withdrawn by the department's Director-General on October 9, after it caused chaos at refugee reception offices across the country. The directive was intended to facilitate compliance with a Constitutional Court ruling delivered on July 7.
The Constitutional Court ruling, which remains in force, strengthened procedural protections for asylum seekers by making clear that administrative requirements cannot automatically prevent a person from accessing the asylum system. However, the department said that the implementation of the directive led to serious consequences that could not have been foreseen, including 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 situation deteriorated within days of the directive being issued, prompting the decision to withdraw it. Refugee reception offices were overwhelmed, and Home Affairs officials were placed at risk, with serious threats to public safety and order emerging. The department said that it had not anticipated these operational challenges, which led to the withdrawal of the directive.
The department has 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. The directive was issued solely to give operational effect to the Constitutional Court judgment, the department said, and claims of political interference are unfounded.
The department opposed the Constitutional Court case that led to the ruling, and therefore, claims that the directive was a politically motivated decision are categorically untrue. Despite withdrawing the directive, Home Affairs stressed that it remains legally obligated to comply with the Constitutional Court judgment and will reassess how the ruling should be implemented.
The department will embark on a fresh process to determine the most appropriate operational approach to ensure compliance with the Constitutional Court's order, taking into account the operational difficulties and security concerns that emerged. The department reaffirmed its commitment to respecting the judiciary and upholding the rule of law, and will seek to find an operationally sustainable method of implementing the judgment.
The withdrawal of the directive represents a significant reversal in the department's approach to implementing the Constitutional Court ruling. The department's next approach will aim to ensure compliance with the court order while addressing the problems experienced during the initial implementation, and it remains committed to finding a solution that balances the needs of asylum seekers with the need to maintain public safety and order.
Key points
- The South African Department of Home Affairs has withdrawn a directive governing asylum seeker applications due to safety concerns and public order issues.
- The Constitutional Court ruling, which remains in force, strengthened procedural protections for asylum seekers.
- The department will reassess how to implement the ruling, taking into account operational difficulties and security concerns.
