By REGINALD KANYANE
12 October 2026 – The South African Human Rights Commission (SAHRC) has called for calm and condemned violent protests in eThekwini and Soweto following the resumption of asylum application processing at the Durban Refugee Centre. In a statement issued on 9 October 2026, the commission expressed concern over reports that asylum seekers and refugee centre officials had been subjected to intimidation and threats, leaving many fearing for their safety.
The South African Human Rights Commission (SAHRC) Commissioner, Nomahlubi Khwinana said they have received numerous calls from concerned asylum seekers seeking assistance and protection amid escalating tensions. Khwinana said retaliatory attacks linked to the protests were also concerning, warning that they could further escalate tensions and undermine human rights.
“The commission calls on those behind these violent protests to desist. Although the constitution guarantees the right to peaceful and unarmed protest, violence is unacceptable.
“The commission explained that South Africa’s refugee processing system is primarily governed by the Refugees Act 130 of 1998, which gives effect to international and regional refugee protection instruments, including the 1951 United Nations Refugee Convention and the 1969 Organisation of African Unity Convention,” she said.
Khwinana further said the principle of non-refoulement, which prohibits returning people to countries where they face persecution, violence or threats to their lives or freedom. She added that SAHRC further reminded the public of a Constitutional Court ruling delivered in July 2026, which confirmed that asylum seekers could not be excluded from the asylum process solely because of administrative technicalities, such as missing strict reporting deadlines or lacking transit visas, without being interviewed.
“The commission urged the government to ensure that refugee processing centres had sufficient capacity to comply with the court order and facilitate access to the asylum application process.
“It also raised concerns about misinformation circulating on social media, clarifying that the court ruling did not automatically grant refugee status, but addressed procedural barriers preventing people from accessing the asylum process,” said Khwinana.
She said the commission welcomed clarification from the Department of Employment and Labour regarding proposed amendments to the Employment Services Act. Khwinana warned that preventing asylum seekers from accessing refugee centres to process their applications was unlawful.
“The SAHRC called on protesters to exercise their constitutional rights peacefully and urged law enforcement agencies to intervene against violence while protecting vulnerable groups and ensuring asylum seekers could access the application process as directed by the Constitutional Court.
“We would engage with relevant stakeholders to ensure that everyone’s human rights were promoted and protected,” she said.
