A Day After the Violence, Home Affairs Withdraws Asylum Intake Directive, Saying Reception Offices Were Overwhelmed
On Friday, October 9, 2026, South Africa's Department of Home Affairs withdrew the directive allowing the intake of asylum applications. Reuters reported the directive had sought to implement the Constitutional Court's July 7 ruling that asylum seekers cannot be denied access to the asylum system solely on procedural grounds such as entering the country illegally. The withdrawal came a day after anti-migrant protests turned violent in Durban and Johannesburg's Soweto township.
Home Affairs said the directive was an operational measure whose implementation had overwhelmed refugee reception offices within days, put officials at risk and led to threats to public safety and order. The government reiterated that the court's ruling did not automatically grant refugee status, permanent residence or other legal rights to undocumented migrants, and blamed disinformation about the ruling for the violence. KwaZulu-Natal Premier Thami Ntuli warned the protests would have far-reaching consequences for the province's safety and economy.
Acting National Police Commissioner Puleng Dimpane told a briefing in Soweto that calm had returned, with additional officers deployed in both cities. SABC reported the Durban protests continuing into a second night, with the premier calling for additional security forces, including soldiers, to quell the violence. Arrests mounted through the day on charges including public violence and malicious damage to property.
The same day brought another major legal development: the Constitutional Court ruled that a Divorce Act provision excluding pension interests from the redistribution of assets in certain divorces unfairly discriminates against women, declaring it unconstitutional while giving Parliament 24 months to amend the law. The juxtaposition of the asylum reversal and the court ruling underscored the difficult balance South Africa must strike among migration governance, judicial authority and street pressure, a balance that will keep testing President Ramaphosa's government.
Published by GSM · USA (original Chinese edition)
Photo: 比勒陀利亚联邦大厦。摄影：Hein Waschefort，CC BY-SA 3.0，来源：Wikimedia Commons
