Home Affairs sends warning to illegal immigrants & asylum seekers
PRETORIA — The government has hardened its message on illegal immigration, warning that foreign nationals without legal status will face enforcement while asylum seekers found to have made false claims could lose protection and face further consequences.
Minister in the Presidency Khumbudzo Ntshavheni reiterated government’s position following a Cabinet meeting, saying South Africa remained committed to protecting genuine refugees and asylum seekers but would enforce immigration laws against people who entered or remained in the country unlawfully.
“South Africa is a sovereign state governed by laws, and those laws must be respected by everyone within our borders,” Ntshavheni said.
Government said foreign nationals who enter South Africa must use designated ports of entry and possess the required documentation, while employers are also expected to comply with immigration and labour legislation when employing foreign workers.
The renewed position comes amid increasing public pressure over undocumented immigration and protests targeting foreign nationals and foreign-owned businesses.
In Soweto this week, an immigration protest in Orlando West turned violent when vehicles were set alight and residents entered a foreign-owned spaza shop, requiring police intervention.
Government has repeatedly warned communities against taking immigration enforcement into their own hands, maintaining that determining a person’s legal status is the responsibility of the state.
Justice and Constitutional Development Minister Mmamoloko Kubayi has separately warned that South Africa’s asylum system cannot be used by people who do not genuinely require international protection.
Her comments follow a Constitutional Court judgment concerning how asylum applications from people who entered the country irregularly should be handled.
The court found that irregular entry, failure to hold a transit visa or failure to apply for asylum within a prescribed period cannot by themselves prevent authorities from considering an asylum application.
The judgment does not mean that people entering South Africa illegally automatically qualify for refugee status. Applications must still be assessed individually to determine whether the applicant meets the legal requirements for protection.
Kubayi said people who deliberately make false claims during that process could face consequences once their applications are assessed. (msn.com)
Under South African law, refugee protection is intended for people who meet defined criteria, including those facing persecution or circumstances recognised under the Refugees Act. Seeking employment or improved economic opportunities alone does not automatically qualify someone for refugee status.
The government’s position attempts to draw a distinction between three issues increasingly being combined in public debate: undocumented immigration, legitimate asylum claims and criminal or vigilante action directed at foreign nationals.
South Africa is legally obliged to consider genuine applications for asylum while retaining the authority to deport people who have no lawful basis to remain in the country, subject to the applicable legal processes.
Ntshavheni said government would continue strengthening border management and immigration enforcement while ensuring that South Africa meets its international obligations towards refugees.
The immediate challenge is enforcement. Government must process asylum claims and identify people without legal status through lawful procedures while preventing community frustration over immigration from escalating into attacks on foreign nationals or their businesses.
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