The Immigration and Refugee Law Committee of the Law Society of South Africa (LSSA) notes with concern the call by an anti-migrant movement for undocumented foreign nationals to leave South Africa by 30 September 2026. The date has no force of law. No private person or organisation has the authority to determine another person’s immigration status, compel that person to leave South Africa or carry out a deportation.
South Africa is entitled to regulate immigration and enforce its laws. Members of the public may express concerns about irregular migration and protest peacefully. These rights do not permit intimidation, threats or violence, or people taking it upon themselves to demand documents from others. Immigration enforcement is the responsibility of the State, acting through the Department of Home Affairs, the Border Management Authority and the South African Police Service within their respective legal mandates. It must be carried out in accordance with the Constitution, the Immigration Act 13 of 2002 and the Refugees Act 130 of 1998.
The legal profession has a particular responsibility to defend the rule of law and to challenge claims that have no sound factual basis. Rhetoric that blames foreign nationals as a group for crime, unemployment or pressure on public services, without reliable evidence, is harmful and divisive. It encourages hostility towards individuals and distracts from the need for effective, lawful responses to the country’s challenges. The attacks and looting reported around the earlier 30 June 2026 deadline, and the many people who left their homes out of fear, show that this rhetoric has real consequences.
A person’s nationality, appearance, language or inability to produce a document does not, on its own, establish that the person is unlawfully present. Many South African citizens do not have identity documents. Many foreign nationals remain lawfully in the country while they await decisions from the Department of Home Affairs. Each person’s entitlement to remain depends on their individual circumstances and any authorisation or concession that applies to them. Refugees and asylum seekers must likewise be treated in accordance with the protections afforded to them by law.
The Constitution protects the dignity and safety of every person in South Africa. The LSSA condemns threats and violence directed at people because they are, or are perceived to be, foreign nationals. It calls on the South African Police Service to protect those at risk and to respond promptly to unlawful conduct. Any determination of immigration status, arrest, detention or deportation must follow the procedures and safeguards prescribed by law.
The LSSA urges the Department of Home Affairs to decide applications lawfully and without undue delay, and to issue reliable documentation. It calls on public figures and members of the public to speak responsibly and to distinguish verified facts from speculation. Concerns about immigration compliance must be addressed through lawful measures that respect the rights and safety of all people.
Marcus A. Malan
Chairperson, Immigration and Refugee Law Committee
Law Society of South Africa