South Africa's Asylum Policy in Flux After Court Ruling and Violence

South Africa's Home Affairs withdrew a directive that had allowed irregular entrants to apply for asylum after violence in Durban and Soweto. A Constitutional Court ruling from July 7, 2026, still requires the department to accept asylum claims, creating tension with public order concerns. Police are investigating multiple cases from the October 8 protests, and further unrest risk remains near refugee offices.

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In July 2026, South Africa’s Constitutional Court held in the Scalabrini Centre of Cape Town case that certain refugee-process hurdles were invalid. It said irregular entry, absence of an asylum transit visa, or late reporting to an immigration officer could not by themselves block someone from filing an asylum claim. The state still had to allow access and judge each claim on its merits. The decision did not grant refugee status, permanent residence, citizenship, or an automatic right to stay; failed applicants could still face immigration enforcement.

On 28 September 2026, Home Affairs’ Director-General issued an operational directive telling refugee reception offices to accept applications that might previously have been turned away. The department withdrew it on 9 October after unrest in Durban and Soweto, reportedly without the minister’s knowledge. Police in Soweto are investigating nine property-damage cases, three assaults, and one public-violence case tied to the 8 October protests.

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