Court Ruling and Government Response
The protests followed a July Constitutional Court decision that deemed certain provisions of the government's refugee policy unconstitutional. The court ruled that these provisions prevented individuals from accessing the asylum system on procedural grounds, such as entering the country illegally. This ruling led hundreds of people to flock to government refugee centers, reportedly including those who do not qualify for asylum.
Government spokesperson William Baloyi said the violence was triggered by people spreading deliberately false information about the constitutional court ruling. Baloyi emphasized that the decision "does not grant refugee status or permanent residence automatically to anyone who enters South Africa." "We are deeply concerned by what is going on now," he added.
Following the unrest, the Department of Home Affairs withdrew a directive on the intake of asylum applications. Gauteng Premier Panyaza Lesufi welcomed the withdrawal, stating it creates an opportunity for further consultation without undermining the court judgment. The ruling remains in force, and asylum applications must still be assessed individually.