Government reverses asylum intake directive

South Africa's Department of Home Affairs said on Friday that it had withdrawn a directive allowing the intake of asylum applications, one day after anti-migrant protests in Durban and Soweto, a township near Johannesburg, turned violent. The directive was meant to implement a Constitutional Court ruling of July 7 that asylum seekers cannot be denied access to the asylum system solely on procedural grounds, such as entering the country illegally. In its statement, the department said the directive was issued as an operational measure, but its implementation had overwhelmed refugee reception offices within days, put officials at risk and led to threats to public safety and order. Government spokesperson William Baloyi blamed disinformation about the ruling, stressing that it did not automatically grant refugee status, permanent residence or other legal rights to undocumented migrants.

We are deeply concerned by what is going on now.

— William Baloyi
Asylum directive timeline
  1. Constitutional Court rules asylum seekers cannot be denied access solely on procedural grounds
  2. Anti-migrant protests turn violent in Durban and Soweto
  3. Home Affairs withdraws the asylum intake directive

Violence in Durban and Soweto

The unrest on Thursday began in Durban, where a protest followed allegations that a foreign national had assaulted one of the protesters, police said. Protesters gathered outside a government refugee reception centre and demanded that it stop accepting asylum applications, and police fired rubber bullets to disperse the crowds while businesses in the city centre shut their doors. Police said 14 vehicles were torched in Durban and 10 in Soweto, where gunshots were also reported during confrontations between residents and foreign shopkeepers. Three foreign nationals were arrested in connection with the alleged assault. In Orlando West, a neighbourhood of Soweto, residents had first gathered to demand the closure of small convenience stores known as spaza shops run by foreign nationals, and protesters forced foreign traders out of some areas while a building was set on fire, local media reported.

Vehicles torched on Thursday by location (vehicles)
Durban14Soweto10

Johannesburg Metropolitan Police Department spokesman Xolani Fihla described the clashes in an interview with the public broadcaster SABC.

It's reported that there were clashes between foreign nationals in the area and South African nationals.

— Xolani Fihla

At the present moment, I can confirm that no injuries have been reported.

— Xolani Fihla

Police response

Acting National Police Commissioner Puleng Dimpane condemned the destruction of property and said calm had returned to Soweto at a press briefing there on Friday, near the remains of the torched vehicles. In Durban, police spokesperson Robert Netshiunda said the situation had stabilised and that a swift police response had prevented more damage. Police said reinforcements had been deployed to prevent further violence, and the authorities have promised to pursue those responsible for the destruction.

Ruling and backdrop

The Constitutional Court ruling struck down restrictions that prevented some people from seeking asylum because of how they entered the country or missed immigration deadlines. It prompted hundreds of people to gather at refugee reception centres, fuelling anger among anti-immigration campaigners who fear the decision will encourage undocumented migration. Populist and anti-immigrant groups have demanded that undocumented foreign nationals leave by June 30, and tens of thousands of people have fled the country, some of them repatriated by their governments. Migrants are often blamed for unemployment, crime and pressure on public services, accusations that social scientists say are unsupported by evidence.