South Africa Reverses Asylum Policy After Vehicles Burned and Foreign-Owned Shops Looted

South Africa has reversed a controversial directive designed to expand access to asylum applications after anti-foreigner protests in Johannesburg and Durban turned violent, leaving vehicles burned and foreign-owned businesses looted. The Department of Home Affairs announced the withdrawal on Friday, October 9, citing overwhelmed refugee reception offices, risks to staff and growing threats to public safety.

The decision followed unrest on Thursday in Soweto, part of Johannesburg, and Durban, where protesters opposed the processing of asylum applications by people who had entered the country unlawfully or failed to meet certain administrative requirements. Reuters reported that 24 vehicles were set alight across the two cities, while foreign-owned shops were also targeted. Police subsequently said the situation had stabilized following deployments to affected areas.

The directive, issued on September 28 by the department’s director-general, was intended to implement a July 7 Constitutional Court judgment in a case involving the Scalabrini Centre of Cape Town. The court upheld a finding that certain provisions of the Refugees Act were unconstitutional because procedural barriers could prevent asylum seekers from having their claims considered on their merits. These barriers included circumstances such as entering South Africa irregularly or failing to comply with specified reporting requirements.

The government has stressed that the ruling does not automatically grant refugee status, permanent residence or citizenship to undocumented migrants. Instead, it requires authorities to allow qualifying asylum claims to enter the assessment process rather than rejecting them solely because of certain procedural violations. Each application must still be examined under the law.

That distinction became central to the dispute as misinformation about the judgment circulated and queues grew outside refugee reception offices. South African officials blamed disinformation for inflaming public tensions, with authorities warning that false claims about a blanket amnesty for foreign nationals had contributed to confusion and anger. The government has also faced sustained public pressure over irregular migration, unemployment and access to public services, issues frequently raised by anti-immigration groups.

In its withdrawal announcement, Home Affairs said the directive had been issued as an operational measure without the knowledge of the minister or other political office-holders. The department said the consequences of its implementation had become apparent within days, as reception offices struggled to cope and officials faced safety risks. It said it would develop a fresh operational approach to comply with the court order while maintaining public order and a functioning asylum system.

The reversal does not cancel the Constitutional Court’s judgment. The government remains legally obliged to comply with the ruling, meaning the department must find another way to process applications consistently with the court’s decision. As of the withdrawal announcement, officials had not set out a detailed replacement procedure or a clear timetable for its introduction, leaving uncertainty for asylum seekers who may be trying to lodge claims.

The unrest also highlights the risks faced by foreign nationals amid rising anti-migrant sentiment. South Africa has experienced repeated demonstrations against immigration, with migrants often blamed for crime, unemployment and pressure on services. Reuters noted, however, that claims linking migrants broadly to these problems are not supported by the evidence cited by social scientists. Violence against people or businesses because of nationality remains a criminal matter, regardless of disagreements over immigration policy.

The episode leaves South Africa facing two challenges that cannot be resolved by withdrawing an administrative directive alone: managing an overstretched asylum system and addressing public anxiety without undermining constitutional protections. The government must restore workable procedures while ensuring that asylum claims are assessed lawfully and that foreign nationals are protected from intimidation and violence. How it handles that balance will matter not only for migrants and local communities, but also for the rule of law and South Africa’s relationships with other African countries.