South Africa's Department of Home Affairs issued a directive on September 28 ordering every refugee reception office to accept asylum applications from any person who reports in person, including those who entered the country illegally.

Acting director-general Thulani Mavuso signed the directive. It follows a Constitutional Court ruling in July 2026 that struck down key provisions of the Refugees Act.

What does the directive require?

The directive states: "Every refugee reception office must, with immediate effect, receive every person who reports in person and indicates an intention to apply for asylum, and must assist that person to lodge an application in terms of section 21(1) of the Refugees Act and issue the asylum seeker visa contemplated in section 22 of the said act."

Officials are prohibited from requiring applicants to:

• Explain unlawful entry
• Produce an asylum transit visa
• Demonstrate "good cause" as a condition to apply

No office may enforce quotas or policies that restrict access. The order covers any person who entered South Africa unlawfully, arrived outside a port of entry, did not declare an asylum intention at a port of entry, holds no visa, or did not report to a refugee office within five days of arrival.

How is the department handling the surge?

Applicant numbers at the Durban office surged last week. Mavuso told Radio 702 that staff cannot turn people away.

"The biggest challenge I want to raise around this is that we are going to be overwhelmed by the numbers," Mavuso said. "Even individuals who know they are not seeking protection due to fear of persecution will now cause administrative delays. They will join the queues alongside genuine asylum seekers who urgently require protection."

The department plans to extend office hours and hire additional staff to manage the caseload.

Who qualifies and who does not?

Under current law, the department must place applicants into the processing system before determining whether they qualify for exclusion. Mavuso said factors such as coming from a politically stable country will be considered during evaluation.

Economic hardship alone does not qualify someone for asylum.

What restrictions apply after status is granted?

Asylees may not return to their home country and re-enter South Africa. "The law states you cannot return to a country you claim is persecuting you," Mavuso said. "The minute you return, it proves your claims of persecution were unfounded and that you abused the asylum process."

Applicants with existing criminal records remain eligible to apply. He said human rights principles come first, and the state's primary duty is to uphold constitutional protection of life once a person is within South Africa's borders.

The directive has triggered public debate over border enforcement and refugee policy.