South Africa withdraws asylum order after 24 vehicles burn

South Africa's Department of Home Affairs withdrew its directive ordering refugee reception offices to process asylum applications on 9 October 2026, after anti-migrant protests the previous day torched at least 24 vehicles across Soweto and Durban. Police reported 14 vehicles set ablaze in Durban and 10 in Soweto, with foreign-owned shops looted in both cities.punchng.com+1

The withdrawal matters because the directive had been issued to implement a July Constitutional Court ruling that struck down barriers preventing people from seeking asylum based on how they entered the country or whether they missed immigration deadlines. The ruling itself remains in force; only the administrative order implementing it has been pulled back, leaving the government to design a new process.

What the withdrawal changes

The Home Affairs Department said its offices had been overwhelmed within a matter of days, its officials were placed at risk, and serious threats to public safety and order had emerged. The department said it would embark on a fresh process while still abiding by the Constitutional Court judgment. Gauteng Premier Panyaza Lesufi welcomed the withdrawal as an opportunity for further consultation without undermining the court ruling.

The Constitutional Court judgment means asylum seekers must be allowed to submit applications even if they entered South Africa without the required documents. Government spokesman William Baloyi said false claims had been deliberately spread, creating the impression that undocumented migrants would automatically be granted legal status. Officials say applications will still be assessed individually and applicants remain subject to immigration checks.allafrica.com

Unrest broke out on 8 October 2026 in Soweto, a township outside Johannesburg, and in Durban, a major port on the east coast. In Durban, protesters gathered outside a government refugee reception centre demanding it stop accepting asylum applications. The demonstration turned violent following allegations that a foreign national had assaulted a protester, and three foreign nationals were arrested in connection with the alleged assault.

How the violence unfolded

Police fired rubber bullets to disperse crowds as businesses in Durban's city centre shut their doors. Senior local police officer Xolani Fihla told state broadcaster SABC that clashes occurred between foreign nationals and South African nationals, and confirmed no injuries had been reported. In Orlando West, a neighbourhood of Soweto, residents had gathered to demand the closure of small convenience stores, known locally as spaza shops, operated by foreign nationals.

Acting national police commissioner Lt Gen Puleng Dimpane condemned the destruction of property, and police said reinforcements had been deployed to prevent further violence. Gunshots were reported during confrontations between residents and foreign shopkeepers in Soweto, where a building was set on fire. The authorities have promised to pursue those responsible for the destruction, and police are investigating cases of vandalism, assault and public violence.

South Africa has experienced periodic outbreaks of xenophobic violence for nearly two decades. In 2008, more than 60 people were killed and tens of thousands displaced during widespread attacks on foreign nationals. Earlier in 2026, anti-immigration groups staged weeks of demonstrations demanding undocumented foreign nationals leave by 30 June, forcing tens of thousands of migrants to flee, some returning home through repatriation programmes organised by their governments.standardmedia.co.ke

What remains in force

At least four foreign nationals were killed in violence earlier in 2026, according to South African police, though some African governments said the toll was higher. The largest numbers of foreign nationals to leave were from Zimbabwe and Malawi, with nationals of Ghana, Kenya, Lesotho, Mozambique, Nigeria and Uganda also fleeing, some repatriated by their government, raising diplomatic tensions with Pretoria.

Complaints about illegal immigration have grown ahead of local government elections scheduled for 4 November, with unemployment above 30% another key issue. South Africa's economy is affected by widespread poverty, deep inequality and unemployment affecting roughly a third of the workforce. Migrants are frequently accused of taking jobs, contributing to crime and placing pressure on public services, although researchers say such sweeping claims are not supported by evidence.

The Constitutional Court ruling remains in force and asylum applications must still be assessed individually, meaning the withdrawal does not undo the judgment itself. The Home Affairs Department said its new policy would still abide by the ruling. Police remain on alert for further unrest as authorities investigate the vandalism, assault and public violence cases from the protests on 8 October 2026.

Local government elections take place on 4 November 2026, the next dated event on the calendar as the government designs a fresh asylum-processing approach. The department has not given details of how the new policy will work, and anti-migrant groups have continued to demand that refugee reception centres stop accepting asylum applications in Durban and elsewhere.