Immigration Affairs
QONCE – As anti-immigration protests continue to surge across various parts of the country, authorities have once again called on communities to respect the rule of law.
This follows tensions in the Eastern Cape on Wednesday, where protesters led by lobby group March and March allegedly stormed several businesses owned by foreign nationals, demanding documents to prove their legal status.
Police said no individual or group has the authority to instruct anyone to leave the country.
They added that immigration matters are governed by the laws of the Republic and must be handled through relevant law enforcement and immigration processes.
Police have urged members of the public to refrain from spreading inflammatory messages that could fuel tensions within communities.
On Wednesday, eNCA captured a heated exchange, as it unfolded, in Qonce between protesters and a Nigerian business owner after he was asked to produce documentation.
The protesters, some carrying sjamboks, conducted unauthorised raids without official paperwork, reportedly identifying individuals based on appearance, to determine whether they were South African.
Many foreign-owned businesses were closed during the raids. Protesters also alleged that some of the businesses were involved in selling drugs.
“You are from Nigeria,” one protest leader said to the visibly shaken man. “Do you have papers to be in South Africa?”
The business owner responded that he had an identity document.
The questioning continued, with the protesters asking when he obtained his ID.
“Sir, when did you get the ID?” one asked, to which the businessman replied that he received it in 2005 from the Department of Home Affairs.
One protester then claimed, without legal basis, that under the Immigration Act (Act 13 of 2002), foreign nationals were not allowed to operate businesses unless they had a minimum investment of R5-million, and ordered the closure of a car wash.
“You are not allowed to operate an informal trading business such as a car wash. It belongs to South Africans. Close it down now,” he said, as others chanted “Abahambe” (they must go).
Nothando Phuti from Kopanang Africa Against Xenophobia reiterated the police’s stance. She said citizens have no right to take the law into their own hands.
In November 2025, in a case involving Operation Dudula, the Johannesburg High Court ruled that citizens do not have the right to demand immigration documents from others.
The court further found that determining immigration status and movement is the state's responsibility alone.
Prof Loren Landau, co-director of the Wits-Oxford Mobility Governance Lab, said the anger driving the protests is misplaced.
“Most of the people under attack or being chased from their homes are ordinary people who have built businesses and are employing South Africans,” Landau said.
“If our issues are unemployment, housing, electricity, and crime, this is not who we should be targeting,” he added.
Meanwhile, in KwaZulu-Natal, police said they are preparing to act decisively against anyone who breaks the law, whether foreign or South African.
KZN SAPS spokesperson Robert Netshiunda warned that enforcement operations targeting illegal migrants will continue.
He also said authorities are monitoring recent tensions and misinformation surrounding the so-called 30 June deadline for illegal foreigners to leave the country.