​“Living Illegally for 5 Years Before Seeking Papers” Phakel’Umthakathi Exposes Asylum Loophole

​“Living Illegally for 5 Years Before Seeking Papers” Phakel’Umthakathi Exposes Asylum Loophole

An anti-immigration activist has said that some people now seeking refugee status in South Africa have already been living in the country illegally for more than five years. Nkosikhona Phakelumthakathi Ndabandaba made the remarks during a discussion on the KZN Tonight Podcast.

Ndabandaba argued that these individuals only decided to apply for formal refugee documentation after a long period of unauthorised stay. He suggested that the sudden interest in official papers does not always reflect a new arrival or a recent crisis, but rather an attempt to regularise a situation that has existed for years.

The comments were made while Ndabandaba addressed a group of people outdoors in a residential area. He spoke directly to those present, pointing out what he sees as a pattern in how some foreign nationals approach the refugee system. According to him, the process is being used by people who entered the country without proper permission and remained for an extended time before seeking legal status.

South Africa continues to face pressure on its immigration system. Many undocumented migrants come from neighbouring countries as well as from further afield, including parts of Asia. Authorities have carried out periodic operations to check documents in places such as KwaZulu-Natal, where communities have raised concerns about competition for jobs, housing and services. At the same time, the Department of Home Affairs processes both asylum applications and deportation cases, often with limited resources and backlogs.

Ndabandaba’s statement reflects a view held by some local activists who call for stricter checks on how long a person has been in the country before claiming refugee protection. They argue that genuine refugees should be distinguished from those who have settled informally and later seek documentation. Supporters of this position say clearer rules would help manage numbers and reduce tension in affected communities.

Critics of such claims usually point out that not every long-term resident entered illegally and that some may have faced delays in the asylum system itself. The law allows people to apply for refugee status if they fear persecution in their home countries, but proving the timing of arrival and the reasons for staying can be difficult for officials.

The podcast discussion adds to ongoing public debate in KwaZulu-Natal about border control and the rights of those already inside the country. Ndabandaba has positioned himself as someone speaking for residents who want stronger enforcement of immigration rules. His latest remarks focus specifically on the gap between the length of time some people have lived here and the moment they decide to seek official refugee papers.

Source: https://x.com/ZANewsFlash/status/2107884661510742321

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