JOHANNESBURG - South Africa may face an uphill battle in recovering the $18.5-million it spent repatriating foreign nationals.
The government is seeking reimbursement from Malawi, Nigeria and Ethiopia, but could face challenges in recovering the costs.
Nigeria says it has not yet received a formal request from South Africa.
International relations expert Kingsley Makhubela says South Africa could face significant legal challenges in recovering the money in the absence of agreements with the countries concerned.
“The responsibility for repatriation lies with the repatriating country. In this instance, South Africa should bear the responsibility for repatriating [the citizens]. It has not entered into any agreement with the countries concerned,” Makhubela said.
READ | Over 77 000 foreign nationals repatriated - NatJoints
The Department of Home Affairs has confirmed that it has written to the governments of Malawi, Nigeria and Ethiopia, requesting reimbursement for the costs of repatriating their citizens from South Africa.
In June, several countries began repatriating their citizens from South Africa after anti-illegal immigration protests flared up across the country.
More than 77,000 foreign nationals have been deported or voluntarily repatriated in recent weeks as the government intensifies efforts to address illegal migration following the protests.
Makhubela said repatriation is generally the responsibility of the country whose citizens are being returned, but South Africa would normally be responsible for the costs when it deports foreign nationals.
READ: 'Let them go home' | Calls for repatriation of detained Zimbabweans
“But usually, repatriation is the function of the state concerned. The only time when South Africa has to bear the costs is when it deports foreign nationals. In this instance, it is not clear if there was an agreement for the repatriation of foreign nationals,” he said.
“South Africa can’t all of a sudden turn around and say, ‘Malawi will pay for this’. These countries are unlikely to pay a cent for the repatriations that have been done by South Africa.”
Makhubela said the government would face a significant challenge in recovering the money without agreements in place.
“In the absence of an agreement, the countries concerned have no liability to pay for their nationals. It will be a monumental challenge to come up with any claim.”
Makhubela said if the government wanted the countries to share the costs, it should have entered into legally binding agreements beforehand.
“If South Africa was deporting people, that is a law enforcement responsibility and South Africa should bear the brunt of that. We have no case against these countries.”
- Read more: March and March targets SADC summit