Minister of Justice and Constitutional Development Mmamoloko Kubayi has warned that it is illegal for members of the public to conduct identity checks or enforce immigration laws.
She said such powers rest exclusively with the state and law enforcement agencies.
Kubayi was speaking during a media briefing of the Inter-Ministerial Committee (IMC) on Migration on Sunday, June 14.
“We have observed disturbingly that some citizens are insisting on conducting identity checks and other immigration enforcement actions. This is illegal and should not be encouraged in our country.”
“Only the state has the responsibility to enforce immigration laws and no one else. Citizens are, however, encouraged to report or alert the law enforcement authorities whenever they suspect or witness acts of criminality.”
The IMC, which is chaired by Kubayi and mandated to implement President Cyril Ramaphosa’s migration strategy, met amid rising tensions and protests linked to immigration in parts of the Western Cape, KwaZulu-Natal and Gauteng.
Kubayi said the government was aware of growing instability fuelled by misinformation, particularly on social media.
“We recognise that misinformation and disinformation are among the greatest drivers of instability in our communities, and we are confronting it head-on,” she said.
“We strongly caution the public about the spread of fake videos and images across various digital platforms, including social media.”
“These old, staged, or heavily manipulated visuals are often part of a targeted disinformation campaign explicitly designed to incite violence, cause panic, fuel attacks on foreign nationals, and unfairly blame them for deep-seated socio-economic challenges like high unemployment and crime.”
She added that such narratives also damage the country’s reputation abroad.
“Beyond causing internal domestic friction, these malicious campaigns are intentionally orchestrated to damage South Africa’s hard-earned international reputation.”
Kubayi acknowledged concerns over irregular migration, but stressed that government action must remain within constitutional and legal frameworks.
“We acknowledge that irregular migration is an enormous challenge and that there are concerns by sections of our citizens,” she said.
“As a government, we are fully aware of the impact of this challenge on our economic resources and the general strain this causes on the provision of social and economic services.”
On public demonstrations, Kubayi said protests are permitted under the Constitution but must remain peaceful and lawful.
“All those who are protesting on our streets are within their constitutional right to do so,” she said.
“We must however remind ourselves that constitutional rights are accompanied by obligations and responsibilities. One of these is peaceful protest and avoidance of violence and lawlessness in exercising these rights.”
“Whatever march or protest is planned or undertaken should be within the confines of the law. The government is ready to work hand in hand with all those involved in these protests, including consistent engagements with organisers.”
She also warned that organisers could be held responsible for damage caused during demonstrations.
“The gatherings Act imposes a liability for all damage arising from a gathering or demonstration. Our approach is guided by the non-negotiable principle that South Africa remains a country governed by the rule of law.”
Kubayi rejected claims that South Africa is xenophobic, saying, “We also need to vehemently correct the false narrative that South Africa is inherently xenophobic or unwelcoming to people from outside our borders.”
“South Africa has historically welcomed and continues to host people from diverse countries across the globe. Our nation remains deeply committed to the African Union Agenda 2063, which seeks to promote a better, more integrated Africa for all.”
She added that the state will continue enforcing immigration law and pursuing compliance.
“The government calls all undocumented and illegal immigrants currently within our borders to immediately comply with our laws,” she said.
“Our authorities are working with several countries that are also voluntarily repatriating their citizens back to their countries of origin.”
Kubayi said South Africa would not tolerate illegal migration or the circumvention of immigration systems.
“We also call upon employers to refrain from transgressing immigration and labour laws. We call on all South Africans to reject the path of vigilantism, dismiss the noise of misinformation, and to partner with the government as we restore stability to our neighbourhoods.”
“As part of a unified national effort, we will manage this process in a way that safeguards our sovereignty, strengthens our public institutions, and builds a safe, inclusive, and prosperous society for everyone.”
There’s been heightened tensions and anti-migrant protests in parts of the country.
Some foreign nationals from Ghana, Mozambique and Nigeria have reportedly left South Africa amid the unrest.
An anti-immigration group, March and March, has called for undocumented migrants to leave the country by June 30.
The controversial group is demanding stricter visa controls, tougher asylum policies, action against employers of undocumented workers and greater accountability for officials accused of corruption.
In response, Ramaphosa on Sunday June 7, outlined a series of measures, including intensified arrests and deportations, tighter border controls, reforms to immigration and labour laws, and increased cooperation with African countries to address the root causes of migration.
Meanwhile, speaking with IOL News on measures announced by the government to address immigration challenges, security strategist Andy Mashaile said stricter immigration enforcement and deportation efforts would play a crucial role in reducing organised crime.
He said such measures would not only target organised crime, but also transnational criminal networks involved in human trafficking and smuggling.
“Not only organised crimes, transnational organised crimes, including smuggling in of human beings or children or women, as well as human trafficking that could be for the purposes of weaponised migration or criminalised migration,” he said.
Mashaile added that tighter enforcement could also ease public sentiment driven by concerns over irregular migration.
“It will also ease the sentiment against foreign nationals that is based on genuine concerns raised by South Africans,” he said.
He further questioned the legitimacy of some asylum claims, arguing that certain individuals move in and out of their countries of origin.
“Remember that some of these foreign nationals cannot claim to seek asylum because they always go back to looking for ways to return back home,” he said.
“If you are an asylum seeker and you are terrorised in your community, there is no way in which you can go and visit your country. You are a persona non grata in your country. So it tells you that that kind of asylum seeking, one, it’s fake. Two, it’s criminalised,” Mashaile said.
Mashaile said biometric identification systems were critical for crime prevention and detection.
“Crime detection because it is linked to your digital ID and there’s nothing, no transaction, nothing that you can do without your digital ID having been activated,” he said.
“All the time you engage in a transaction, we will know, we mean law enforcement agencies, HANIS (Home Affairs National Identification System), your home affairs national identification systems, that speaks to the issue of who you are, what transaction you are doing and what are the impacts of that transaction.”
He said such systems could significantly reduce criminal activity but cautioned that they are not infallible.
“But like I always tell you, there is no guaranteed foolproof safe system. As long as there’s a human being pressing the buttons that would inform your artificial intelligence in terms of instructions or command, it means one thing: the system can be corrupted. It can be hacked,” he added.
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