Around 200 foreign nationals who sought refuge at the Durban Central Police Station have called on the United Nations to intervene and protect their stay in South Africa. The group fears for its safety due to rising tensions and anti-immigrant demonstrations in parts of the country.
Immigration expert Craig Smith described the situation as highly complex and vulnerable for those affected. He questioned where the foreign nationals were meant to go for safety and raised concerns about the motivations behind protests targeting them. Smith noted that such tensions erupt into major violence and deaths every five to six years, calling the pattern unacceptable.
Smith emphasized the need to distinguish between documented and undocumented foreigners. He argued that the Department of Home Affairs should do more to prevent xenophobia, educate civil society on the rights of refugees and migrants, and fulfill its obligations under immigration laws. He also called for the South African Police Service (SAPS) to be more proactive and preventative in addressing risks before they escalate.
In response to reports of violent attacks and individuals being chased from their homes, Smith described it as a serious policing matter. He suggested that instigators of protests that go beyond peaceful expression should face sanctions and prosecution, though he acknowledged South Africa’s poor record of prosecuting incitement to public violence. He added that vulnerable foreigners at police stations are sometimes turned away or treated as criminals rather than protected.
On the role of embassies, Smith explained that individuals seeking asylum who have fled their home countries are unlikely to receive assistance from those embassies, as approaching them could undermine their asylum claims.
Smith pointed out that the Department of Home Affairs and police have sometimes worked in the opposite direction of international refugee law, including by deporting people contrary to those standards. He warned that with local government elections approaching in November, anti-immigrant sentiment is likely to escalate further unless government steps in, potentially leading to loss of life.
The Southern African Refugee Forum met with Home Affairs and police authorities. Home Affairs has given the group until the following day to submit proof that the foreign nationals seeking refuge are documented. Smith stressed that the law must be followed for any undocumented individuals, but noted that Home Affairs has neglected its obligations for over 20 years since the Refugees Act of 2000. This neglect, he said, has created a bottleneck of undocumented foreigners largely due to departmental failures.
While acknowledging frustrations expressed by South African communities, Smith viewed some anti-immigrant protests as platforms for attention, potentially linked to electioneering by splinter groups or parties seeking votes. He cited examples like politician Herman Mashaba, who previously focused on undocumented migrants but later attributed service delivery issues such as non-functional traffic lights, potholes, and health service problems to political instability and corruption within government.
Smith described asylum seekers as among the most vulnerable and noted that their numbers in South Africa are relatively low compared to many other countries. He suggested government should look inward at its own shortcomings rather than scapegoating foreigners for the country’s ills. He called for stronger education from the top down on migration rights and the creation of dedicated mechanisms within government departments to address anti-migrant sentiment.
