South Africa’s Department of Home Affairs has withdrawn a directive governing the intake of asylum seeker applications after its implementation triggered operational challenges at Refugee Reception Offices and raised concerns about the safety of officials and the public.
The decision was announced on Friday, 9 October 2026, by the department’s Director General, who said the directive issued on 28 September had been intended to facilitate compliance with a Constitutional Court ruling delivered on 7 July in the Scalabrini of Cape Town matter.
According to the department, the directive was sent to all Refugee Reception Offices (RROs) as an operational measure to support the implementation of the court order. It was issued without reference to or the knowledge of the Minister of Home Affairs or any other political office bearer. 
The department rejected allegations that the decision had been politically motivated, maintaining that the directive arose from a Constitutional Court case that it had opposed.
However, the practical implementation of the judgment produced serious consequences that the department said could not have been anticipated from the court order.
Within days of the directive taking effect, Refugee Reception Offices were overwhelmed by the demand for services, while Home Affairs officials faced risks and concerns over public safety and order emerged.
The department said the developments had necessitated a reassessment of how the court ruling should be implemented, taking into account the operational difficulties experienced since the directive was introduced.
It will now begin a fresh process to determine an appropriate approach that meets the requirements of the Constitutional Court’s order while ensuring that the system remains manageable and sustainable.
The department reiterated its respect for the judiciary and the rule of law, stating that it remained committed to finding a practical and sustainable way to comply with the court’s ruling.
