Story perspectives

Court ruling triggers violence as asylum access expands

By Drooid · Oct 9, 2026, 12:09 AM UTC · How we work

Summary

Protesters Ignite Violence

Protesters in Durban and Soweto turned violent after the Constitutional Court ruled asylum seekers cannot be denied procedural access.
Police reported at least 14 vehicles burned in Durban and ten burned in Soweto.
Government spokesperson William Baloyi said false information about the ruling sparked the violence.
Justice Minister Mmamoloko Kubayi said asylum claims must be assessed and unqualified applicants can be deported.

Summary

Mavuso Expands Asylum

Acting Director General Thulani Mavuso signed a directive expanding asylum intake to illegal entrants.
The directive requires every refugee reception office to accept anyone who reports intent in person.
Gauteng Judge President Aubrey Ledwaba placed a moratorium on asylum hearings until legal certainty is achieved.
The Scalabrini Centre of Cape Town was the plaintiff in the July Constitutional Court case that prompted the directive.

History

Historical Context

The 2024 South African Constitutional Court decision on asylum procedures fits a global shift that began with the United States Refugee Act of 1980, signed by President Jimmy Carter and establishing a 50,000-person annual ceiling and uniform resettlement rules. Since 1975 the United States has admitted over 3.5 million refugees, reflecting the era’s move toward formal protection frameworks.

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Protesters Ignite Violence

Protesters in Durban and Soweto turned violent after the Constitutional Court ruled asylum seekers cannot be denied procedural access.
Police reported at least 14 vehicles burned in Durban and ten burned in Soweto.
Government spokesperson William Baloyi said false information about the ruling sparked the violence.
Justice Minister Mmamoloko Kubayi said asylum claims must be assessed and unqualified applicants can be deported.

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