Government says immigration protests are getting out of control
DURBAN — Government has warned anti illegal immigration groups that they have no authority to enforce South Africa’s immigration laws after violence erupted between protesters and refugees near the Department of Home Affairs offices on Che Guevara Road in Durban.
Justice and Constitutional Development Minister Mmamoloko Kubayi said on Tuesday that immigration enforcement remained exclusively the responsibility of the state and that those responsible for violence in the KwaZulu Natal incident could face action.
“We reiterate our fervent stance that immigration management and the concomitant law enforcement remain solely the responsibility of government and nobody else,” Kubayi said during a briefing by the Inter Ministerial Committee on Migration.
The warning follows reports of tensions last week involving anti illegal migration protesters and refugees who have been camping outside the Home Affairs offices on Che Guevara Road.
Government said law enforcement authorities were investigating the violence and would seek to hold those responsible accountable. Authorities are also continuing to monitor the area, with Kubayi assuring residents living nearby that government was working to resolve the situation urgently.
The confrontation brings into focus a growing challenge for government as it tightens immigration enforcement while attempting to prevent public frustration over migration from spilling into vigilantism or attacks on foreign nationals.
The government’s Five Point Plan on Migration Management, announced by President Cyril Ramaphosa in June, includes stronger immigration enforcement, improved border security and migration system reforms. However, the state has maintained that these measures must operate within the Constitution and South Africa’s international obligations.
At Che Guevara Road, authorities are also trying to resolve the circumstances of refugees who have remained outside the Home Affairs offices.
The United Nations High Commissioner for Refugees has been assisting members of the group to consider available options, including voluntary reintegration into communities.
According to Kubayi, refugees interested in using the Lindela facility as temporary alternative accommodation have been encouraged by the UNHCR to participate in the relocation process. Information is being compiled on those willing to move.
The situation leaves government balancing two pressures: demands for stronger action on illegal immigration and its legal obligations towards refugees and other foreign nationals entitled to protection.
Kubayi said government welcomed peaceful public participation on migration issues but drew a clear boundary around enforcement, insisting that protests cannot become a substitute for lawful action by the state.
How authorities resolve the Che Guevara Road standoff will therefore be closely watched as government attempts to demonstrate that tougher migration enforcement can be pursued without allowing individuals or organised groups to assume powers reserved for law enforcement agencies.
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