Lesufi welcomes asylum directive U-turn, urges public consultation

Gauteng

S0weto – Gauteng Premier Panyaza Lesufi has welcomed the withdrawal of Home Affairs’ asylum application directive, saying the decision gives government an opportunity to consult the public and review the legislation without undermining the Constitutional Court’s ruling. 

The directive was withdrawn on Friday following violent protests in Soweto and Durban on Thursday, during which at least 24 vehicles were set alight and foreign-owned businesses were looted. 

Speaking to journalists on Khumalo Street in Orlando West, Soweto, Lesufi said the withdrawal created room for government to address public concerns through established legislative processes. 

“There must be no law that’s against its own people. There must be no law that will push an agenda,” he said. 

Lesufi described the decision as a relief, saying it would allow government to consult and evaluate its approach to implementing the court ruling. 

“To me, it’s a relief on the basis that it gives us space to engage. It gives us opportunity to consult. It gives us an opportunity to evaluate,” he said. 

The Gauteng premier added that the government needed to find a way forward while respecting the authority of the Constitutional Court. 

“It’s a major relief, and it gives us that window of opportunity to rectify and remedy the situation, without necessarily undermining the Constitutional Court judgement,” he said. 

Lesufi called for the government to engage with South Africans who had raised concerns about the directive. 

The Department of Home Affairs withdrew the directive issued on September 28, which instructed refugee reception offices to accept asylum applications from people who indicated that they wanted to seek protection. 

The directive followed a July 7 Constitutional Court judgment in the Scalabrini Centre of Cape Town matter, which found that procedural barriers could not be used to prevent people from accessing the asylum system before their claims were assessed on their merits. 

The ruling does not automatically grant refugee status or South African citizenship to applicants. Their claims must still be assessed in accordance with the law. 

The withdrawal followed unrest in Soweto and Durban, where protests against the asylum directive escalated into violence. 

In Soweto, at least 10 vehicles were torched, while 14 were set alight in Durban. Shops were also looted during the unrest. 

Lesufi said the government needed to address concerns raised by communities through engagement, while ensuring that those responsible for violence and destruction faced the law. 

He said the process of reviewing the relevant legislation would involve Home Affairs, Cabinet and Parliament. 

“The process is to deal with it, from the department itself, the executive in terms of Cabinet, and the legislative arm, which is the parliament, so that they can respond to those issues,” he said. 

Lesufi acknowledged that government communication around the directive could have been handled better. 

The government now faces the challenge of addressing concerns about the asylum system while complying with the Constitutional Court’s ruling. 

Home Affairs has said it will develop a new operational approach to implement the judgment while addressing the pressure on its offices and safety concerns. 

The department has not yet detailed how the revised approach will work. 

For now, the withdrawal has created an opportunity for further consultation, but the legal obligation to comply with the Constitutional Court judgment remains.

Picture: X/@GP_CommSafety

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Compiled by Glaan Sibuyi

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