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Freedom Under Law (FUL) strongly condemns the acts of violence outside the Constitutional Court on 9 October 2026.

Media reports indicate that a group of around 300 people gathered around the court, and that multiple individuals, some armed with pangas, attempted to enter the court building. The Constitutional Court was forced to adjourn proceedings, and the court building was locked down. Reports also indicate that a vehicle was set alight outside the court, and that police fired rubber bullets to disperse protestors.  

These protests followed outbreaks of violence in Durban and Johannesburg, seemingly in response to a directive issued by the Department of Home Affairs regarding the processing of asylum applications. The directive was issued in response to an earlier judgment by the Constitutional Court setting aside provisions of the Refugees Act. The directive has now been withdrawn. It is notable that media reports highlight significant misinformation regarding the directive and the court decision.

For any court to have to pause its operations due to violent actions aimed at it, must be condemned in the strongest terms. 

"These violent actions are a direct attack on the rule of law and on our constitutional democracy. They represent nothing less than an attempt to intimidate and undermine the judiciary by fuelling populist protests against it," says FUL Executive Officer, Judith February. 

"At this time of threat to our judiciary, we should seek to instead reaffirm the founding provisions of our Constitution, which include human dignity, non-racialism, and the supremacy of the constitution and the rule of law. The Bill of Rights "enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom."

The constitution establishes the courts as independent and subject only to the constitution and to the law. It provides that no person may interfere with the functioning of the courts."

FUL notes comments by Minister in the Presidency, Khumbudzo Ntshavheni, including that "the (ConCourt) judgement has unintended consequences".  It is so that some of the reasons given for the withdrawal of the Department of Home Affairs directive were that Refugee Reception Offices were quickly overwhelmed, and that serious threats to public order emerged.  

The minister however went on to say that  "[i]f the Constitution ... does not prioritise South Africans, South Africans have a right to demand the amendment of that Constitution to protect themselves and their own sovereignty."  

Apart from the meaning of these remarks being unclear, they only serve to inflame an already volatile situation. As a government minister, Ntshavheni has a responsibility to weigh her words more carefully. The comment, confusing as it is, unfortunately has the effect of feeding into populist, anti-constitutionalist rhetoric against the judiciary and also against foreigners in our country. 

Inasmuch as there may be a crisis regarding migration, it is government's task to ensure that its policies are constitutionally sound.  If the highest court in the land is unable to pronounce on the constitutional validity of law and policy and act as a restraint on the exercise of power, then our society threatens to become one run by whim and violence. 

"Given Friday's attack on the highest court, it is incumbent on the President and his cabinet not to speak with a forked tongue at the precise moment it needs to protect the institutions of democracy and the rule of law." 

It is also worth adding that while this violence and burning was disrupting the work of the Constitutional Court, it was reported that South African Justice Navi Pillay had been awarded the Nobel Peace Prize. This award provides a salutary reminder that we can and must protect and defend our constitutional democracy against those who wish to destroy it with quick, violent fixes. 

FUL calls on the responsible authorities to ensure that those who instigated and participated in the violence face the full consequences of the law. FUL also calls on government to publicly reaffirm its commitment to the constitution and the rule of law, and to make clear that it will not permit violent intimidation to undermine our constitutional democracy.  President Ramaphosa's anodyne comments at the weekend that the 'security cluster' was 'on top of the situation' does not meet this moment of crisis. 

Issued by Freedom Under Law