Police warn anti-immigration groups no-one may order foreigners out of SA

The police have moved to assure foreigners and local communities that no individual or grouping has the authority to instruct any person to leave the country.

The SAPS warned it would act against any acts of intimidation, public violence, incitement or criminality, as only relevant state authorities were empowered to enforce immigration laws in accordance with the rule of law.

This follows a widely circulated video in which anti-immigration activist Nkosikhona Ndabandaba, popularly known as Phakelumthakathi, confronts a burly man and asks him where he is from and what he is doing in South Africa.

When the unidentified man responds that he’s from the Democratic Republic of the Congo, Phakelumthakhathi orders him to leave the country before June 30.

“We’ve been calling for you guys to leave the country. Why are you still here? Please, respect what we are saying and don’t try and oppose what we are doing. Don’t listen to the government, don’t listen to the police, don’t listen to anyone. Just listen to us. We are saying this peacefully. Please go [back] to your country,” Phakelumthakathi says.

“30th June is the deadline. But it’s not like you must leave on the 30th of June. Don’t leave on the 30th of June. Leave now because the 30th of June, I can’t control [what the] people of South Africa [will do].”

SAPS national spokesperson Brig Athlenda Mathe said: “No individual or grouping has the authority to instruct any person to leave the country. Matters relating to immigration are governed by [the law] and are dealt with through the relevant law enforcement and immigration processes.”

Mathe said law enforcement agencies, through Natjoints co-ordinated operations, “continue to conduct ongoing operations to trace, arrest and facilitate the deportation of undocumented foreign nationals found to be in the country illegally”.

“The SAPS remains committed to maintaining law and order and will act decisively against any acts of intimidation, public violence, incitement or criminality. Members of the public are urged to refrain from spreading inflammatory messages that may fuel tensions within communities.”

President Cyril Ramaphosa on Monday used his weekly newsletter to condemn opportunists who he said were exploiting legitimate grievances of the poor under the false guise of community activism.

Reacting to a recent wave of country-wide violent protests, Ramaphosa said the anti-immigration marches were not representative of South Africa’s attitude towards foreigners.

He admitted, however, that undocumented migration placed a strain on healthcare, housing and municipal services in poor areas and distorted the labour market.

Ramaphosa said the recent violent protests and criminal acts directed at foreigners in parts of the country also did not reflect government policy.

“These are the acts of opportunists who are exploiting legitimate grievances, particularly those of the poor, under the false guise of ‘community activism’,” the president said. “Some of these people are assuming functions that only state officials are permitted to perform, including stopping people to check identification and conducting searches of private property.”

He said such lawlessness would not be tolerated regardless of who the perpetrators or victims are.

Anti-immigration activists Ngizwe Mchunu, March and March leader Jacinta Ngobese, Phakelumthakathi and political parties including ActionSA recently held anti-immigration marches in Durban, KuGompo City, Pretoria and Johannesburg. The issue of illegal immigration saw frustrated South Africans taking part in marches in which foreign-owned spaza shops and cars were set alight. Locals accused foreigners of taking their jobs and having to compete with them over access to scant basic services such as healthcare and education.

Ramaphosa met Mozambican President Daniel Chapo last week and the issue featured in their talks. The meeting followed recent talks between Ramaphosa and his Zimbabwean counterpart, Emmerson Mnangagwa, in which the matter was also raised.

Ghana and Nigeria summoned the South African high commissioners to account for the marches, while international relations and co-operation minister Ronald Lamola recently spoke by phone with his Nigerian counterpart, Bianca Odumegwu-Ojukwu. The anti-immigration demonstrations were among the issues they discussed.

On Monday, Ramaphosa said society needed to deal decisively and within the law with illegal immigration, which he said “risks our social stability, governance and national security”.

“The Border Management Authority (BMA) and the defence force are strengthening border security and combating illicit cross-border activity.”

The BMA intercepted about 450,000 people trying to enter South Africa illegally in the past financial year.

The president announced in his state of the nation address that the government would hire up to 10,000 inspectors through the department of labour and employment to ensure labour and immigration laws were adhered to.

When contacted for comment, BMA spokesperson Mmemme Mogotsi referred Business Day to the department of home affairs, whose comment will be added once received.

Ngobese said the June 30 deadline was a move aimed at encouraging those in the country illegally to “self-deport”. She said there was no event planned for June 30.

S’bu Zikode, president of the South African shack dwellers’ movement, Abahlali baseMjondolo, said: “It is very disturbing that government has legitimised this violence. Abahlali is opposed to xenophobia and any kind of discrimination or hate ... We call for unity of the poor and working class across the region and world.”

• This article has been updated with new information.

Business Day