Government rejects 30 June deadline for undocumented foreigners to leave SA

· The South African

Justice and Constitutional Development Minister Mmamoloko Kubayi has distanced government from calls for undocumented foreign nationals to leave South Africa by 30 June, stressing that migration is a global challenge and that the country remains committed to managing it within the framework of the law.

Kubayi made the remarks during a visit to Durban on Thursday, where she met groups of foreign nationals who have been sheltering at Sherwood Hall and Moore Road amid growing uncertainty over their future in South Africa.

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The minister visited approximately 2 500 Malawian nationals currently staying at Sherwood Hall.

Many of those gathered are reportedly seeking refugee status or assistance after leaving their homes due to fears linked to a widely circulated deadline calling on undocumented foreign nationals to leave the country by the end of June.

Migration a Global Challenge

Speaking during the visit, Kubayi emphasised that migration is not unique to South Africa and is a challenge faced by countries around the world.

“Migration is a challenge globally. It’s a global phenomenon. It’s not only us who battle with it,” she said.

Kubayi reiterated government’s position that South Africa does not operate refugee camps and instead integrates refugees and asylum seekers into communities while their status is processed.

The minister also underscored government’s commitment to ensuring that all foreign nationals residing in South Africa do so legally.

“We have chosen as South Africa an option of not having refugee camps, but we also say those who are here, as the President has said, must be here legally, not illegally.”

She added that authorities cannot assume that everyone currently seeking assistance is in the country unlawfully.

“Those who are illegal, we’ve got to be able to deport them. So here we can’t even say on the site whether people are illegal. We can’t assume that everybody here is illegal. That’s why Home Affairs is here.”

Officials from the Department of Home Affairs have been engaging with those gathered in Durban to determine their legal status and assess requests for assistance.

Repatriation Requests

According to Kubayi, government has received reports that many of the Malawian nationals currently staying at the temporary site have expressed a desire to return home.

“But people who are here, the report that we get is that they are requesting to be assisted, to be repatriated back to Malawi,” she said.

Government departments are expected to continue assessing the needs of those gathered at the sites while working with relevant authorities and foreign missions to determine the appropriate interventions.

Growing Debate

The situation has highlighted ongoing debates around migration, asylum processes and immigration enforcement in South Africa.

Government has repeatedly stated that while the country remains committed to its constitutional and international obligations toward refugees and asylum seekers, undocumented migrants found to be residing in the country illegally remain subject to immigration laws and possible deportation.

The Department of Home Affairs is expected to continue verifying the status of individuals at the Durban sites as efforts continue to address the humanitarian and legal challenges arising from the situation.

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