Justice and Constitutional Development Minister Mmamoloko Kubayi has called on the “March and March” movement to halt activities that constitute law enforcement functions, warning that protest organizers will be held accountable should violence, looting, or criminal acts occur during planned demonstrations.
The Minister’s remarks followed a high-level security briefing in Pretoria, where government officials underscored that constitutional protest rights do not extend to unlawful conduct. The statement arrives as tensions escalate around marches connected to concerns about undocumented foreign nationals, with authorities simultaneously condemning xenophobic violence and reaffirming commitments to lawful immigration procedures.
Kubayi addressed recent international attention, including the evacuation of citizens by a partner government citing safety concerns. While describing such measures as “regrettable,” the Minister noted that citizen evacuations are not unique to South Africa and occur globally. Kubayi referenced a United Nations Secretary-General statement issued April 27, which the South African government viewed as premature, maintaining that the situation has not reached a point requiring mass evacuations.
“Immigration challenges are a global phenomenon,” Kubayi stated, noting that nations worldwide—from those building border walls to those enhancing surveillance—grapple with similar issues. The Minister emphasized the need for balanced approaches: enforcing laws against illegal presence while protecting individuals with legal status.
Government Outlines Multi-Pronged Immigration Strategy
Responding to claims that the state lacks a concrete plan, Kubayi detailed existing and emerging measures:
- Deportation operations: Weekly coordinated efforts by the Department of Home Affairs and South African Police Service to identify and remove individuals residing in the country illegally.
- Workplace inspections: The Department of Labour conducts regular checks to verify employment documentation.
- Border management enhancements: The Border Management Authority (BMA) has received new capabilities over the past three years, including specialized vehicles capable of water operations, drone surveillance technology, and upgraded monitoring infrastructure at key entry points.
- Asylum system reforms: A recent court judgment affirmed government policy that asylum seekers whose applications are declined must depart South Africa and may not reapply while remaining in the country. Kubayi welcomed this ruling as addressing a prior vulnerability where individuals could repeatedly apply while undocumented.
- Policy updates: A new white paper introduces a “first country of arrival” principle for asylum claims, and refugee processing centers are being relocated from inland areas to border posts to prevent applicants from integrating into communities during application processing.
Engagement with Protest Groups
Kubayi addressed a recent multi-stakeholder meeting where representatives from March and March walked out, alleging the government had no actionable strategy. The Minister explained that the session included presentations from government departments followed by structured feedback from numerous organizations and political parties represented in Parliament. Kubayi noted that some questions raised were based on misinformation, and officials had attempted to provide clarifications before the walkout occurred.
“It is unfortunate that colleagues chose that approach,” Kubayi said. “When you attend an engagement, you must be prepared to listen as well as to speak.”
Addressing Public Concerns and Global Realities
Acknowledging citizen frustration, Kubayi cautioned against oversimplified solutions. “We would be misleading South Africans if we claimed that deportations would end immigration challenges,” the Minister said, citing Egypt’s hosting of over 10 million migrants and ongoing migration pressures in the United States despite border infrastructure. “Migration continues globally. Our duty is to strengthen systems to identify and remove those who enter or remain illegally, while protecting those with legal status.”
Warning on Upcoming Demonstrations
Regarding the June 30 deadline issued by March and March for undocumented immigrants to leave South Africa—accompanied by threats of a national shutdown—Kubayi urged restraint. Referencing the July 2021 unrest, the Minister warned that protests escalating into violence lead to property destruction, economic harm, job losses, and potential loss of life.
“If marches get out of hand and something terrible happens, the leaders and organizers will be held accountable,” Kubayi stated. The Minister appealed to protest organizers to:
- Ensure demonstrations remain peaceful
- Submit required applications for marches in accordance with legal procedures
- Remain vigilant against infiltration by actors seeking to incite violence
Kubayi reaffirmed that while the government respects constitutional protest rights, activities such as raids, passport verification, or other law enforcement functions remain the exclusive mandate of state agencies. “Citizens cannot legally undertake these functions,” the Minister said.
“We appeal to all organizations, including March and March: let us work together to protect protest leaders, supporters, and all citizens of this country,” Kubayi concluded.
