Lesufi on asylum directive: ‘There must be no law that is against its own people’

Gauteng Premier Panyaza Lesufi has welcomed the Department of Home Affairs’ withdrawal of the directive issued on 28 September regarding the intake of asylum seeker applications.

He says the withdrawal gives officials an opportunity to discuss the way forward with South Africans.

In July, the Constitutional Court ruled that refugees and asylum seekers must be given the opportunity to access processing centres, regardless of whether they entered South Africa illegally.

The case between the Scalabrini Centre of Cape Town and the Minister of Home Affairs concerned the constitutionality of certain provisions of the Refugees Act relating to the asylum application process.

On 28 September, Home Affairs issued the directive regarding the intake of asylum seeker applications. It has sparked protests across the country, with South Africans voicing their frustration. This came after foreign nationals flooded Home Affairs offices across the country in an attempt to submit their asylum seeker applications.

In Soweto, residents clashed with foreign nationals, torching vehicles belonging to foreign nationals. Social media platforms are also abuzz with criticism of the directive.

On Friday, 9 October, Home Affairs withdrew the asylum directive, citing overwhelmed Home Affairs offices, officials at risk, and serious threats to public safety and order.

Lesufi and other officials were in Soweto on Friday following a night of violence. Three cases of common assault and one of public violence were opened last night.

“We will be investigating those cases in terms of those that were responsible for this mayhem of yesterday. We have leads, and we will pursue them, and very soon we will bring them to justice,” said Gauteng Provincial Police Commissioner Tommy Mthombeni.

Lesufi: Laws must serve their people

Lesufi welcomed the withdrawal of the directive, but said the government must engage with South Africans’ genuine concerns.

“We are working behind the scenes to have discussions with those that we really believe that genuinely they’ve got good concerns in terms of peaceful marches and peaceful engagement with the state,” said Lesufi.

“We are trying to have that engagement just to isolate criminal elements and isolate those that think that they can advance lawlessness in our country. But those that are genuine, those that have raised concerns, we are working very closely with them to ensure that we have those discussions so that we resolve the concerns. Those that have raised their issues peacefully, let’s give them an ear.

“To me, it’s a legislative process. If the Constitutional Court make a finding on a certain piece of legislation, it means that piece of legislation needs to be attended. And 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.”

The withdrawal gives the government an opportunity to do these things, said Lesufi.

“To me, it’s a relief on the basis that it gives us space to engage. It gives us an opportunity to consult. It gives us an opportunity to evaluate. I’m always of the view that there must be no law that is against its own people. And no law should push an agenda people feel is not proper.

“It gave us that window of opportunity to rectify and remedy the situation, without necessarily undermining the Constitutional Court judgement, but at the same time ensuring that the law favours those it intended to protect, rather than disadvantage them.”

‘South Africans feel sidelined’

Among the concerns raised by South Africans is that Home Affairs resources are being diverted from the department’s day-to-day responsibilities to deal with undocumented foreigners.

“If they need services, resources have been channelled to deal with this matter, rather than the day-to-day responsibilities of Home Affairs, which, to me, I really believe is understandable. We can’t allow that,” said Lesufi.

“Resources must be assigned where they are needed. And those who arrive at Home Affairs offices must be given the necessary attention, rather than be isolated.”