The Department of Home Affairs has withdrawn a directive on the intake of asylum applications, following operational challenges and violent protests outside its offices in Durban and in Soweto.

The directive, issued by the department’s Director-General on 28 September, was intended to support the implementation of a Constitutional Court judgment delivered on 7 July in the Scalabrini Centre of Cape Town matter.

However, Home Affairs says the implementation of the directive overwhelmed Refugee Reception Offices within days, put officials at risk and raised serious public safety and public order concerns.

The department says it will now develop a new operational approach to ensure compliance with the court order.

The withdrawal comes amid protests linked to false claims that the Constitutional Court judgment grants undocumented foreign nationals blanket amnesty.

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Violence during the protests has seen ten vehicles torched in Soweto and 14 in Durban. Shops belonging to foreign nationals have also been looted, while three foreign nationals have been arrested.

Acting National Police Commissioner Lieutenant General Puleng Dimpane has warned that the South African Police Service will not tolerate violence, destruction of property or attacks on people.

Dimpane says those responsible for the torching of vehicles and other acts of violence will be identified, investigated and arrested where sufficient evidence exists.

“The right to raise concerns and to protest does not give anyone the right to commit crime. Legitimate grievances must be pursued through lawful and constitutional processes,” she said.

Home Affairs has also rejected allegations that the original directive was politically motivated, saying it was issued as an operational measure without the knowledge of the Minister or other political office-bearers.

The department says it remains committed to respecting the judiciary and the rule of law while developing a sustainable way to implement the Constitutional Court’s order.

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