Home affairs withdraws asylum seeker directive after severe operational chaos
An operational attempt to implement a landmark Constitutional Court order led to severe overload across South Africa's refugee reception offices, forcing the department into a complete turnaround.
The director-general of home affairs has withdrawn a September 28 directive on asylum seeker applications following days of severe operational overload.
Refugee reception offices nationwide received the instruction as an operational attempt to implement the July 7 Constitutional Court judgment.
The Constitutional Court order declared sections 4(1)(f), 4(1)(h), 4(1)(i) and 21(1B) of the Refugees Act 130 of 1998 as inconsistent with the constitution and invalid, which means anyone can apply for asylum in South Africa, even if they’re in the country illegally.
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According to the department of home affairs, the directive was issued without the knowledge of the minister of home affairs or any political office-bearer, rendering claims of political motivation false.
The department added that the instruction originated from the Constitutional Court case it had originally opposed.
Attempting to apply the ruling immediately triggered unforeseen chaos, overwhelming reception offices within days, placing officials at risk, and creating serious threats to public safety and order.
With the operational breakdown now evident, the department will launch a fresh process to establish a workable compliance strategy.
It reiterated its respect for the judiciary and the rule of law, maintaining its commitment to finding a sustainable method to meet the court order.
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