The Department of Home Affairs has withdrawn a directive allowing the intake of asylum seeker applications following a Constitutional Court judgment, after refugee reception offices were overwhelmed and concerns emerged over public safety.
The directive, issued by the department’s Director-General on 28 September, sought to give effect to the Constitutional Court’s 7 July judgment in the Scalabrini Centre of Cape Town matter.
In a statement issued on Friday 9 October , Home Affairs spokesperson and Deputy Director-General for Operations Thulani Mavuso said the directive was an operational measure intended to support the implementation of the court order.
Mavuso said it was issued without the knowledge or involvement of Home Affairs Minister or any other political office-bearer, dismissing claims that the decision was politically motivated as “categorically untrue”.
However, the department said the implementation of the judgment had resulted in unforeseen consequences, with refugee reception offices becoming overwhelmed within days of the directive being issued.
The department also raised concerns about the safety of its officials and what it described as serious threats to public safety and order.
“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,” the statement reads.
The department reaffirmed its respect for the judiciary and the rule of law, saying it remained committed to finding a sustainable operational approach to comply with the court order.
The withdrawal comes amid ongoing efforts to implement the Constitutional Court’s ruling on the intake of asylum seeker applications. The withdrawals comes after angry South Africans took the streets yesterday and burnt down vehicles and buildings in protest of the constitutional court ruling.
