To manage the influx of illegal migrants, the Home Affairs Department has taken a resolution that sought to give traditional leaders a right to take note of all the people living in their communities.
Home Affairs Minister Aaron Motsoaledi said the department’s decision was taken because these immigrants were going to villages to establish businesses without consulting traditional leaders.
“I am from a rural area, I know the laws. I can’t just wake up from my rural area to another and build a house there, without going to the traditional leader to ask for a space in the area.
“We think all those things are up normal, hence we want to take action. We asked the minister of COGTA to develop a set of bylaws which will be followed by all municipalities,” Motsoaledi said.
The minister said it was bizarre that one would come to a municipal town and open a shop and yet the municipality doesn’t have a clue about it.
"If the owner is illegal, we will start the process of deportation; if he’s legal we will demand that the spaza shop be registered.“
Meanwhile, through his X account, ANC Youth League President Collen Malatjie said the Youth League welcomed the court’s decision to vindicate the minister.
“The ANC Youth League welcomes the high court judgement in support of Minister Dr Aaron Motsoaledi to automatically deport illegal immigrants. This judgment comes after the high court dismissed an application from illegal Ethiopians and Somalians who attempted to use the South African high court to stop the deportation,” Malatjie said.
The issue of illegal immigrants has been a thorny issue in the country for years. The government’s failure to deal with the country’s porous borders has resulted in many of these immigrants engaging in criminal activities such as illegal mining.
Late last year, Defence Minister Thandi Modise revealed that about 4 067 suspects had been arrested for illegal mining-related charges, adding that the contravention of the Immigration Act was also pending before courts.
Speaking to The Star, African Transformation Movement (ATM) President Vuyo Zungula said the ruling emphasised government institutions' vital role in maintaining order and ensuring compliance with the law.
Zungula said maintaining and upholding immigration regulations was not merely a matter of legal enforcement but also a critical aspect of national security.
He said leaving that aspect unchecked would strain the resources, compromise public safety, and undermine the stability of the state.
“In light of these considerations, the ATM asserts that the enforcement of immigration laws is essential for safeguarding the well-being and prosperity of South African citizens. It is imperative to regulate migration flows effectively to prevent exploitation, mitigate socio-economic pressures, and uphold the integrity of the nation’s borders. This ruling reaffirms the government’s commitment to fulfilling its duty to protect and serve the interests of all South Africans.
“The ATM stands firm in advocating for a holistic approach to tackle the underlying factors contributing to undocumented immigration while concurrently ensuring that deportation processes adhere to principles of fairness and transparency,” added Zungula.
He said central to his party’s approach would be to recognising that addressing undocumented immigration required a combination of preventive measures and responsive actions.
“To this end, the ATM calls for strengthened border security measures to prevent unauthorized entry into the country. This includes investing in advanced technology, increasing personnel, and implementing effective surveillance systems to detect and deter illegal border crossings.
“In parallel, the ATM emphasises the need for improved mechanisms for monitoring and regulating migration flows. This entails establishing robust data collection systems to track demographic trends, assess migration patterns, and identify areas of vulnerability.“
Crucially, the ATM advocates for deportation processes prioritising human rights and procedural fairness.
“We emphasise the importance of conducting deportations in accordance with international legal standards, ensuring that individuals are provided with due process, access to legal representation, and avenues for appeal.
“Transparency in deportation proceedings is essential to build trust and confidence in the immigration system and uphold the rule of law.”
The Star