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Home Affairs reverses asylum directive amid safety concerns

The Department of Home Affairs has reversed its recent directive on receiving asylum seeker applications, citing mounting pressure on refugee offices and concerns over the safety of officials and the public.

The directive, issued by the department’s Director-General on 28 September, was withdrawn on Friday after its implementation reportedly overwhelmed Refugee Reception Offices (RROs) within days.

The department said the operational difficulties and emerging public safety risks were not foreseeable when the directive was introduced to give effect to a Constitutional Court judgment handed down on 7 July in the Scalabrini Centre of Cape Town matter.

The withdrawal signals a fresh review of how the department will comply with the court order while ensuring its offices can manage the process safely and sustainably.

Home Affairs said it would now embark on a new process to determine the most appropriate operational measures for implementing the judgment.

The department also pushed back against allegations that the directive was politically motivated, explaining that the Director-General had issued it as an operational measure without the knowledge of the minister or any other political office-bearer.

It further pointed out that the department had opposed the court case that resulted in the ruling.

Despite withdrawing the directive, Home Affairs reaffirmed its commitment to the rule of law and respect for the judiciary, saying it remained determined to find a practical and sustainable way to comply with the Constitutional Court’s order.

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