DURBAN, KWAZULU-NATAL — South Africa’s Home Affairs Department has identified significant loopholes in the Refugees Act that allow undocumented foreign nationals to overstay their legal permits and avoid deportation, officials announced at a provincial summit in Durban.
Home Affairs Chief Director Sihle Mthiyane clarified that the majority of undocumented individuals in the country did not enter through porous borders. Instead, they arrived legally but remained in the country after their permits expired. According to Mthiyane, when law enforcement agencies attempt to enforce immigration laws and deport those who have overstayed, many individuals exploit provisions within the Refugees Act to avoid removal.
Mthiyane was speaking at a high-level provincial government summit addressing the issue of undocumented foreign nationals. The event brought together a wide range of stakeholders, including representatives from the business sector, foreign missions, and law enforcement agencies.
The summit comes in the wake of massive public pressure and a series of anti-illegal immigration protests across the country. In response, the government is currently conducting large-scale voluntary repatriations of mostly undocumented foreign nationals. This operation is being accelerated ahead of a supposed June 30 deadline for illegal immigrants to leave South Africa.
During the proceedings, Home Affairs singled out the legislative loopholes in refugee laws as a primary reason why undocumented individuals continue to reside in the country long after their permits have lapsed.
Regional cooperation was also a focal point, with calls for stronger collaboration among African nations to manage regional migration and security. The Consul General of neighboring Mozambique acknowledged that a large number of undocumented Mozambican nationals are living in South Africa, including in KwaZulu-Natal.
The Consul General stated that Mozambique is currently compiling a database of its undocumented citizens to develop a structured repatriation program. While noting that Mozambique faces its own challenges with illegal immigration and cannot support such practices in other countries, the envoy emphasized the importance of managing the issue cooperatively given the shared border.
Addressing the heightened public tensions, KwaZulu-Natal Premier Thami Ntuli reported receiving firm assurances from the civic organizations behind the recent anti-immigrant protests. The organizations guaranteed that their planned activities for June 30 would remain peaceful.
“They assured us that their actions are intended to raise awareness and advance their concerns through lawful, democratic means, and not through acts of violence, intimidation, or vigilantism,” Premier Ntuli stated. He added that he has no reason to doubt the sincerity of these commitments and welcomed the undertaking. The Premier urged all participants, supporters, and the general public to uphold peace and respect the rule of law.
Looking forward, the Durban summit received several proposals for the amendment of South Africa’s immigration laws. It is envisaged that the resolutions from this summit will directly inform the government’s broader migration management strategy.
