Citizens to Get a Voice in Migration Court Battles

Ordinary South Africans worried about illegal immigration may soon get a direct voice in the country’s highest courts. Justice and Constitutional Development Minister Mmamoloko Kubayi announced on Monday evening that the government is exploring ways to help community leaders join ongoing migration litigation, speaking at a media briefing at the Government Communication and Information System auditorium at Tshedimosetso House in Hatfield, Pretoria.

The announcement followed a meeting between the Inter-Ministerial Committee and a delegation led by the Zulu King’s Chancellor, Inkosi Malusi Zondi, and anti-illegal immigration activist Ngizwe Mchunu. The delegation raised concerns about illegal migration, undocumented foreign nationals and the enforcement of South Africa’s immigration laws.

At the heart of the matter is access to justice. Kubayi said the delegation wanted to join 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.

The government has responded by reaching out to the legal sector. Legal teams, together with senior counsel, have made themselves available to assist the community leaders pro bono so they can join the case. The proposed help would let the delegation take part in proceedings concerning migration and asylum, though the arrangements are still being explored.

Meanwhile, the delegation drew a line the government says it shares. Kubayi said the group reaffirmed it was not opposed to legal immigration or to migrants who respect South Africa’s laws and live among South Africans engaged in legal, productive activities. “They made it clear that what they vehemently oppose is illegal migration and undocumented migrants,” she said. The government’s approach, she reiterated, targets enforcement of immigration laws, better border management and a stronger migration system, not legal migrants.

Public safety concerns extended beyond the courtroom to state-owned buildings. The delegation expressed interest in working with the government to reclaim buildings that had been hijacked or illegally occupied, which Kubayi said 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,” she said. The government is also working with the private sector to repurpose abandoned and illegally occupied buildings.

The Inter-Ministerial Committee has been coordinating across spheres of government, engaging provincial leaders, members of provincial executive councils, mayors, city managers, metro police and the South African Police Service. It has also flagged conflicting Gauteng High Court judgments on the detention of people who are in South Africa illegally and have applied for asylum, requesting that a full bench consider the matter. That hearing is scheduled for October 29.

The discussions also covered the Constitutional Court judgment in the Scalabrini matter, which concerns the rights of asylum seekers. With public debate on the judgment generating confusion, Kubayi urged citizens to verify what they share. “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.

The meeting closed 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 illegal immigration and undocumented migrants, with the IMC convening the meeting to hear the organisers’ concerns and discuss possible solutions.

Kubayi reiterated that migration policy remains guided by the five-point plan outlined by President Cyril Ramaphosa: 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. Whether the pro bono arrangements take shape in time for the October 29 hearing is the next question citizens will be watching.