“No Law Should Turn Against Its Own People”: Lesufi Welcomes Withdrawal of Directive

Gauteng Premier Panyaza Lesufi has welcomed the withdrawal of a controversial Home Affairs directive on asylum seekers, saying the decision provides government with an opportunity to address the situation more carefully.

Lesufi made the remarks on Friday morning while visiting Soweto to assess damage caused by overnight unrest. Accompanied by acting national police commissioner Lieutenant-General Puleng Dimpane and other senior officials, the premier called for laws and government policies that protect the interests of South African citizens.

He argued that no law should work against the people it is supposed to serve or be used to advance a hidden agenda. According to Lesufi, the withdrawal creates an opportunity for government to reconsider its approach and find a more practical solution.

The directive was introduced on 28 September following a Constitutional Court judgment delivered in July. The court ruled that certain provisions of the Refugees Act could not automatically prevent people from applying for asylum because of how they entered South Africa or because they missed specific administrative deadlines.

Following the judgment, Home Affairs instructed refugee reception offices to accept applications in a manner that complied with the court’s ruling. However, the implementation reportedly placed considerable pressure on the facilities, with officials raising concerns about overcrowding, threats to staff and possible risks to public order.

Tensions escalated on Thursday when protests broke out in Soweto and Durban. Vehicles were reportedly set alight, while several shops were looted during the unrest. Police are investigating incidents involving malicious damage to property, common assault and public violence.

Security was subsequently strengthened in parts of Soweto following clashes between local residents and foreign nationals. Lesufi visited the affected areas alongside senior law enforcement officials to assess the situation and the damage caused.

On Friday, Home Affairs Director-General Tommy Makhode announced the withdrawal of the directive. The department explained that the instruction had been introduced as an operational measure by officials without the minister’s knowledge.

Home Affairs also acknowledged that implementing the Constitutional Court judgment immediately had created serious challenges that officials had not anticipated. The department said refugee reception offices would follow a revised process while a safer and more workable approach was developed.

However, the withdrawal does not overturn or suspend the Constitutional Court judgment. The ruling remains legally binding, meaning Home Affairs must still comply with the court’s requirements when processing asylum applications.

Lesufi described the withdrawal as a significant relief, saying it gives government more time to consult relevant stakeholders and address the difficulties surrounding the directive.

He maintained that authorities must find a solution that respects the court’s decision while ensuring that South African citizens are not disadvantaged by the implementation process.

Meanwhile, some community members who opposed the directive have continued to demand stricter controls over asylum applications and stronger measures against illegal immigration.

The department has yet to announce when the revised operational plan will be introduced. For now, the withdrawal has created an opportunity for further consultations as government works to balance its legal obligations with concerns about public safety and the management of asylum applications.

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