Government warns against vigilante immigration raids

The government has again warned South Africans against taking the law into their own hands by entering homes and business premises to demand identity or immigration documents from foreign nationals, saying such actions are illegal and undermine efforts to manage migration through lawful processes.

The warning was issued by the Inter-Ministerial Committee (IMC) on Migration during a Sunday progress briefing on the implementation of the government’s five-point migration plan announced by President Cyril Ramaphosa last month.

Addressing the media, IMC chairperson and Justice and Constitutional Development Mmamoloko Kubayi committee said it had noted continuing incidents in which community groups were conducting searches at homes and businesses suspected of accommodating undocumented foreign nationals.

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“Government reiterates that the management of immigration, border management, deportation and facilitated repatriation is the exclusive responsibility of the State, and no individual or group has the authority to take the law into their own hands or to intimidate, threaten or unlawfully remove any person from any community,” the IMC said.

It warned that law enforcement agencies would act against individuals involved in unlawful searches, intimidation and informal immigration enforcement.

“Our law enforcement authorities will not hesitate to act against those who continue to conduct these unlawful searches and identity checks,” she said.

Acting Police Minister Firoz Cachalia said while recent vigilante incidents were difficult to combat given that they were “decentralised”.

“I expect in the coming weeks such unlawful behaviour will continue in the run up to elections.  But what I can say is that the law will be enforced,” he said.

The IMC said 205 criminal cases linked to unlawful conduct, intimidation and related offences had been registered since the migration intervention began. A total of 350 people had been arrested, while 112 cases were already before the courts.

At the same time, the government reported significant progress in its repatriation programme.

According to the IMC, more than 53,000 foreign nationals have so far been processed for deportation and voluntary repatriation, with Malawian nationals accounting for more than 80% of those assisted, followed by Zimbabweans and Mozambicans.

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A temporary Repatriation Processing Centre established in Musina, Kubayi said, has become the focal point of the operation, with more than 20,000 people repatriated through the facility since it became operational on 1 July.

Kubayi also confirmed that between 1 April and 30 June this year, 15,398 undocumented foreign nationals were deported through normal immigration processes, while 2,519 joint law enforcement operations were conducted nationwide.

The IMC stressed that repatriation and deportation were distinct legal processes. It explained that repatriation is voluntary and undertaken in cooperation with the migrant’s country of origin, while deportation is a legal process carried out in terms of the Immigration Act.

Government said although the number of people seeking voluntary repatriation had declined in recent days, it remained committed to enforcing immigration laws while ensuring that all foreign nationals are treated humanely and in accordance with the Constitution and international obligations.

Cachalia also appealed to members of the public to report suspected criminal activity relating to individuals confronting business owners and foreign nationals to demand immigration documents.