By Levy Masiteng
Justice and Constitutional Development Minister Mmamoloko Kubayi says the government is exploring ways to help community leaders join ongoing court cases on migration after meeting traditional leaders and civil society organisations concerned about illegal immigration.
Kubayi made the announcement during a media briefing at the Government Communication and Information System (GCIS) auditorium at Tshedimosetso House in Hatfield, Pretoria, on Monday evening.
The briefing followed a meeting between the Inter-Ministerial Committee (IMC) and a delegation led by Zulu King’s Chancellor, Inkosi Malusi Zondi, and anti-illegal immigration activist Ngizwe Mchunu, to discuss concerns about illegal migration, undocumented foreign nationals and the enforcement of South Africa’s immigration laws.
Kubayi said the delegation wanted to join ongoing legal proceedings before the Constitutional Court and the Gauteng High Court but lacked the financial means to do so.
“Part of the request from them is that they want to join this court case, but they do not have the legal means,” she said.
“We reached out to some of the legal sector, their legal teams that have made themselves available, as we talk to them together with senior counsel that will provide the service to the community leaders pro bono, so that they can be able to join the legal case.”
The proposed assistance would allow the delegation to participate in legal proceedings concerning migration and asylum, although the arrangements were still being explored.
Kubayi said the delegation had reaffirmed that it did not oppose legal immigration or migrants who respected South African laws and engaged in lawful and productive activities.
“The group reaffirmed that they are not opposed to immigration that is legal and migrants who respect South Africa’s laws and live amongst the South African people engaged in legal and productive activities,” she said.
“They made it clear that what they vehemently oppose is illegal migration and undocumented migrants.”
The delegation also expressed an interest in working with the government to reclaim state-owned buildings that had been hijacked or illegally occupied, Kubayi said.
She said the buildings were allegedly being used for criminal activities, including drug dealing and human trafficking.
“The location of all state-owned buildings in all the metros have already been located and profiled. The next phase will be locating state-owned buildings in secondary cities,” Kubayi said.
The government is also working with the private sector to repurpose abandoned and illegally occupied buildings.
Kubayi said the IMC had engaged provincial leaders, members of provincial executive councils, mayors, city managers, metro police and the South African Police Service (SAPS) to develop a coordinated response.
The committee had also raised concerns about conflicting Gauteng High Court judgments relating to the detention of people who are in South Africa illegally and have applied for asylum.
Kubayi said the committee had requested that a full bench consider the matter, which was scheduled to be heard on October 29.
The discussions also covered the Constitutional Court judgment in the Scalabrini matter, which concerns the rights of asylum seekers.
Kubayi urged the public not to circulate unverified information about the judgment.
“Citizens must ensure that they verify the sources of information about this judgment. Check that the information you get is from a credible source and that it is correct,” she said.
She reiterated that the government’s migration policy remained guided by the five-point plan outlined by President Cyril Ramaphosa.
The plan includes cracking down on violations of immigration laws, securing the country’s borders, strengthening the immigration system, addressing gaps in migration laws and policies, and working with other African countries to manage migration.
The meeting concluded with an agreement that the government would work with the delegation and other interested parties, including traditional leaders.
The engagement comes amid protests targeting Department of Home Affairs offices across South Africa over concerns about illegal immigration and undocumented migrants.
The IMC convened the meeting to hear the organisers’ concerns and discuss possible solutions.
Kubayi said the government’s approach was not directed at legal migrants but focused on enforcing immigration laws, improving border management and strengthening the country’s migration system.
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