The Department of Home Affairs has withdrawn a controversial directive on the processing of asylum seeker applications after refugee reception offices experienced serious operational challenges within days of its introduction. Issued on 28 September, the directive was intended to help the department comply with a Constitutional Court ruling handed down on 7 July.
Home Affairs said implementing the instruction placed significant pressure on its offices and raised concerns about the safety of staff and members of the public. On Friday, 9 October, the department confirmed that its director-general had withdrawn the directive following the difficulties experienced at refugee reception offices (RROs). However, the withdrawal does not overturn or suspend the Constitutional Court’s ruling, which remains binding on the department.
According to Home Affairs, the directive, which had been circulated to all RROs, was intended to facilitate compliance with the court order but resulted in unforeseen operational challenges. “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 overwhelmed refugee reception offices, risks to the safety of Home Affairs officials and growing concerns about public safety and order.
Home Affairs also denied claims that the instruction was politically motivated. It said the decision was made at an administrative level by the director-general’s office, without the knowledge or involvement of the minister or other political office-bearers. The department explained that the directive was intended to help officials implement the court’s decision and was not a political decision.
In July 2026, the Constitutional Court upheld an earlier Western Cape High Court ruling declaring parts of the Refugees Act unconstitutional and invalid. The judgment clarified that procedural requirements cannot automatically prevent a person from accessing the asylum system. The department said it would reassess how best to implement the ruling, taking into account the operational difficulties and security concerns that emerged during the initial attempt.
“With these new facts now at hand, the Department will embark on a fresh process to determine the most appropriate operational approach to ensure compliance with the Constitutional Court’s order,” it said. Home Affairs reaffirmed its commitment to respecting the judiciary and upholding the rule of law. It said its revised approach would seek to comply with the court order while addressing the challenges experienced during the initial implementation and maintaining the effective functioning of refugee reception offices.
