PRETORIA — The Gauteng police have moved to arrest undocumented immigrants during a major Operation Shanela crackdown, while simultaneously issuing a stern warning to employers and residents about the severe legal and financial consequences of harboring illegal foreign nationals.
During a recent operation held in the Tshwane area, law enforcement arrested 80 undocumented migrants. While initial reports indicated just over 50 arrests, the final sweep yielded a higher number. Among those apprehended was an employer who was caught transporting three undocumented workers in his work vehicle.
Gauteng Provincial Commissioner Tommy Mthombeni issued a strong directive regarding the legal liabilities of hiring or sheltering undocumented individuals. According to the Immigration Act, the penalty for employing an illegal foreign national is a fine of R10,000 per person. Consequently, the employer caught with three undocumented workers faces a cumulative fine of R30,000. Major General Fred Kekana, the Deputy Provincial Commissioner for Policing in Gauteng, noted that if an employer is found with 100 undocumented workers, the fines would exceed R1 million.
Employer Responsibilities and Harboring Laws
Major General Kekana emphasized that employers must take strict preventative measures when hiring. This includes keeping full details of the employee, copies of their ID or valid passport, their place of origin, and the contact details of their next of kin. These records are crucial for emergencies and for tracking individuals who might commit crimes, such as robbery, against their employers.
This requirement applies across various sectors, including garden services, handyman work, farming, and domestic help. Furthermore, Kekana warned that providing accommodation to an undocumented person constitutes the crime of harboring an illegal immigrant. Landlords and residents are urged to verify the legal status of those they house to ensure they are not committing a criminal offense.
Kekana also highlighted the labor exploitation often associated with undocumented migrants. He noted that foreign nationals are frequently abused on street corners, where they are hired as painters or carpenters for below-minimum wages, which violates the country’s Labour Relations Act.
Addressing Criticism and Operational Statistics
Addressing public criticism that the police are only acting now in response to recent anti-foreigner protests, Major General Kekana dismissed these claims as unfair. He stated that Operation Shanela has been consistently active for years, routinely arresting between 800 and 1,000 undocumented individuals weekly across the province.
To illustrate this, Kekana provided specific statistics: between April and June, the Pretoria Central police precinct alone arrested 1,300 undocumented migrants, while Pretoria West arrested 284. Furthermore, in the four days leading up to the latest Pretoria operation, police arrested 132 undocumented individuals, with an additional 266 arrested across the province on the day of the interview.
The Deportation Process Flow
Clarifying what happens after an arrest, Kekana explained the strict legal process flow. The South African Police Service (SAPS) is responsible for the initial arrests, but the Department of Home Affairs is mandated to verify identities. Home Affairs officials participate in operations and process detainees at police stations.
Within 48 hours, excluding weekends, the detainees are brought before a magistrate. The court then issues a deportation order, and the individuals are transferred to the Lindela Repatriation Centre. From there, the Department of Home Affairs handles the final transportation of the individuals back to their respective countries of origin.
Crackdown on Vigilante Protests
The interview also addressed recent protests in Greater Benoni, where demonstrators conducted door-to-door checks at businesses and industrial areas, sometimes accompanied by police, causing intimidation among business owners.
Major General Kekana issued a firm warning against these vigilante tactics. He clarified that only the SAPS, the Department of Home Affairs, and the Border Management Authority (BMA) have the legal authority to check and verify immigration documents. Law enforcement officers, such as traffic officers, may also assist, but private citizens cannot.
Kekana stressed that citizens demanding that police escort them on these checks, or individuals impersonating officials to ask for IDs, are committing a crime. He explained that while protesters sometimes demand vehicles and Home Affairs officials from station commanders, this is not legal procedure.
Instead, Kekana urged the public to follow proper channels: citizens should report their suspicions to the police. Law enforcement will then plan and execute operations in conjunction with relevant departments like Home Affairs and the Department of Employment and Labour. He emphasized that police operations must be executed under their own authority and strategic planning, not under the duress or direction of unqualified civilians.
