As tensions surrounding undocumented immigration continue to escalate in KwaZulu-Natal and across South Africa, legal expert Susan Abro of Susan Abro Attorney, is warning that while the law provides clear mechanisms for dealing with unlawful immigration, private citizens cannot assume the role of law enforcement.
Recent demonstrations and actions linked to the civic movement March and March have intensified debate around undocumented immigration, with numerous businesses closing, foreign nationals being intimidated, landlords issuing eviction notices, and private individuals demanding identification documents from people they suspect are not South African citizens. These developments have also fuelled growing concerns about xenophobia, vigilantism and the erosion of the rule of law.
“There is an important distinction that many people are overlooking,” says Susan Abro. “If a person is in South Africa unlawfully, our immigration laws provide for the appropriate legal processes, including detention and deportation where applicable. Every sovereign country has immigration laws, and South Africa is no different. However, the responsibility for enforcing those laws rests with the relevant authorities, not private citizens.”
Abro explains that immigration enforcement falls within the powers of the Department of Home Affairs, the South African Police Service and other authorised officials. Ordinary members of the public cannot lawfully stop individuals in the street, demand identity documents or require them to prove their citizenship.
“When individuals or organisations begin carrying out their own immigration enforcement, we move away from the rule of law and towards vigilantism. That is a dangerous path for any constitutional democracy.”
Abro says reports emerging from Durban are particularly concerning, with some foreign-owned businesses forced to close through intimidation while certain landlords and managing agents have reportedly instructed legally documented foreign tenants to vacate properties or produce immigration documentation within days, despite there being no breach of their lease agreements.
“A landlord cannot simply evict a tenant because of public pressure or fear. South African law sets out very specific legal procedures for eviction, and these apply regardless of a person’s nationality. Equally, a managing agent cannot simply lock tenants out or impose arbitrary deadlines if there is no lawful basis for doing so.”
She notes that many foreign-owned small businesses play an important role in local communities by renting premises from South African landlords, creating employment, extending informal credit to customers and supplying affordable goods in areas where larger retailers may not provide the same level of accessibility.
“When these businesses are forced to close through intimidation rather than lawful process, the consequences extend well beyond the individual business owner. Landlords lose rental income, employees lose jobs, and communities lose valuable services.”
Abro also believes the current situation highlights broader failures within government systems. “If undocumented immigration is a concern, government must address border management, combat corruption where it exists, strengthen immigration enforcement and investigate criminal activity through proper policing. It cannot abdicate those responsibilities and allow members of the public to effectively police immigration themselves.”
She warns that allowing private groups to determine who belongs in South Africa creates uncertainty for everyone. “Today it may be foreign nationals. Tomorrow it could be another vulnerable group. Once society accepts that private individuals can decide who has rights and who does not, the protections afforded by our Constitution begin to erode.”
Abro adds that South Africa’s constitutional democracy is built upon the principle that every person is entitled to equal protection under the law and that disputes must be resolved through legal processes rather than intimidation or coercion.
“Our Constitution does not prevent government from enforcing immigration laws. In fact, it expects government to do so lawfully and fairly. What it does not permit is for individuals to take the law into their own hands.”
She says the humanitarian consequences currently unfolding in parts of KwaZulu-Natal should also give South Africans pause for thought, with many displaced foreign nationals now relying on the support of faith-based organisations and civil society after losing access to their homes, businesses and livelihoods.
“South Africa is founded on constitutional democracy and the rule of law. Those principles require government to enforce our immigration laws firmly where necessary, but they also require that every person be treated lawfully and with dignity. Once we allow intimidation and vigilantism to replace due process, we begin to undermine the very Constitution that protects us all,” concludes Abro.
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