Constitutional Reform Advocates Challenge Immigration Data and Enforcement After Ministerial Briefing

Princy Mthombeni, spokesperson for South Africans for Constitutional Reform, has raised pointed questions about immigration enforcement and employment regulation following a closed-door session between Justice, Crime Prevention and Security Cluster ministers and representatives of the March and March movement.

The meeting, convened against a backdrop of escalating protests over illegal immigration, was arranged on short notice. Mthombeni confirmed receiving notification early on the day of the engagement, limiting preparation time for civil society participants. “Our expectation was that the ministers would come to that meeting with solutions,” Mthombeni said, emphasizing that attendees sought concrete action plans rather than retrospective data.

Officials presented statistics covering deportations, labor inspections, and migration trends from the final quarter of 2025 into early 2026. Key figures disclosed included:

  • An estimated 3 million undocumented foreign nationals residing in South Africa—though no methodology or source was cited for this figure;
  • More than 232,000 companies found to be employing foreign nationals, with many workers lacking valid work permits;
  • Approximately 1.2 million asylum seekers registered in the country, of which only 90,000 are classified as active cases while roughly 800,000 remain inactive;
  • Around 113 refugees currently processed within the Home Affairs system.

Mthombeni noted that many participants viewed the presentation as minimizing the scale of challenges faced by communities. “There’s really nothing tangible about this meeting,” they remarked, describing the engagement as procedural rather than outcome-driven. The spokesperson also questioned how authorities derive precise counts for a population defined by its lack of documentation.

Border security emerged as a critical concern. Mthombeni referenced repeated reports from the Border Management Authority and SAPS of intercepted buses carrying undocumented individuals in areas such as Giyani and Limpopo. However, the briefing did not address allegations of corruption among Home Affairs officials, which Mthombeni argues enables irregular entry and documentation fraud.

On labor compliance, the spokesperson criticized the current penalty structure for employers hiring undocumented workers. Mthombeni pointed out that fines imposed on non-compliant companies are often affordable and fail to deter repeat violations. “Three days after the inspection is done, those workers go back to the company and continue with their work,” they observed, calling for stronger sanctions and follow-up mechanisms.

The discussion also examined constitutional frameworks. Mthombeni referenced the foundational clause stating “South Africa belongs to all who live in it,” and argued that current interpretations allow non-citizens equal access to public healthcare, education, and social grants. “What is the exclusivity of being a South African besides having the right to vote?” Mthombeni asked, urging debate on whether the Constitution should be amended to clarify socioeconomic entitlements for citizens.

When pressed on enforcement commitments, ministers reiterated that community members are not authorized to request documentation from individuals. While Mthombeni acknowledged this legal boundary, they expressed concern over the visible gap in law enforcement: “We don’t see SAPS doing those jobs. Buildings are being hijacked. We see drug dealers conducting their businesses in our cities, but we don’t see law being enforced.” The spokesperson also highlighted unresolved allegations of corruption within police ranks.

The Deputy Minister of Home Affairs pointed to the recently tabled White Paper on immigration as a strategic roadmap. Mthombeni remained cautious, stating, “Many of the things presented in the white paper are not going to be addressed because of the Constitution the way it is right now.”

No new timelines for border upgrades, employer audits, or personnel reforms were announced during the session. South Africans for Constitutional Reform has since called for urgent, constitutionally grounded measures to strengthen migration governance, protect citizens’ socioeconomic priorities, and ensure accountability across immigration and law enforcement institutions.

 

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