Countrywide clampdown on undocumented foreign nationals

Published Jul 30, 2024

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There have been a series of arrests of undocumented immigrants caught on the streets or at workplaces across the country in joint operations the SAPS, Home Affairs and Employment and Labour departments.

There are also videos going viral on social media platforms such as TikTok and X where some illegal foreigners are being arrested while they are at construction sites or restaurants in malls.

These videos have sparked conversations, at times awkward, because some South Africans are calling for foreign nationals to go back to their countries while some foreigners say they don’t commit crime and are in Mzansi for better opportunities.

A number of times South Africans are labelled “xenophobic” when they urge illegal immigrants to leave; they tend to blame lawlessness such as kidnappings, cash-in-transit robberies, ATM bombings and other heinous crimes on foreign nationals.

“Guys, they are arresting us, they are arresting us, I’m in Hillbrow, police are walking around the streets and making arrests, they are not playing, they are in a mission to clean up, we are in trouble,” said Lulama Skhosana, who has a strong accent from one of the Southern African Development Community (SADC) countries.

In another video, a woman is seen crying hysterically, after police nabbed some people and placed them inside police trucks.

In yet another video, police are seen searching for illegal immigrants at shops – some are seen running for their lives. During the operation, one person is heard saying that drugs dealers are not safe.

In one video, private security vehicles are seen visiting a number of workplaces in the Northern Cape. People are heard saying they are there to arrest undocumented individuals employed at various shops.

In May this year, 32 people, mostly illegal foreigners, died after a George building collapsed. Most of the employees were foreign nationals from Mozambique, Malawi and Zimbabwe.

This tragic incident prompted the government to check for compliance from employers, hence more businesses are being raided.

Ekurhuleni District police carried out what they called a successful “Vala Umgodi” operation on Monday in the Primrose policing precinct.

The operation aimed to address the issue of integrated illegal mining and related crimes in the area. As a result, two suspects were arrested for illegal mining (Mineral Act 20 of 1991), and six suspects were apprehended for being illegal immigrants.

Various mining equipment and materials, including gas bottles, generators, pendukas, hammers, steel pots, fan belts, crush machines, spades, oxygen cylinders, gambling machines, pickaxes, shovels, steel balls, stampers, motors, and chains, were confiscated during the operation.

“This operation demonstrates the Ekurhuleni District police’s commitment to combating illegal activities and prioritising the safety and security of our communities,” said Gauteng Provincial SAPS spokesperson Lieutenant-Colonel Mavela Masondo.

He said illegal immigrants are being arrested in parts of Gauteng.

He said “Operation Shanela” which is now called the “High Density Operation” for the district and the province, is conducted twice a week (known to ‘The Star’).

“We also have routine daily operations by different police stations. Home Affairs Department has more details about the number of illegal immigrants. Last week Home Affairs had a special operation in Cresta and Eastgate malls in Johannesburg whereby they arrested shop owners who employed undocumented foreign nationals, we as police gave them backup. They were also checking for compliance,” Masondo said.

In the Free State, police said a week-long high-density deployment operations is in full swing in Mangaung metro.

Free State provincial SAPS spokesperson Lieutenant-Colonel Thabo Covane said policing actions continued in Kagisanong police station area and six undocumented persons were arrested.

It is reported that a group called Combat is on a mission to expose companies which it said exploit employment and immigration laws of South Africa. The group is calling on South Africans looking for work to take their CVs to Cresta Mall to try to find employment at restaurants.

This call came as immigration officials continue to inspect businesses to clamp down on non-compliance.

Combat founder Enos Maake sat in an interview over the weekend with Newzroom Afrika, and said it is difficult to say the total number of illegal immigrants that are in the country because most of them they cross borders and they are not counted for.

“There are quite a lot of foreigners that are illegal in South Africa. Since last year there had been a lot of arrests since we started operations. Statistics are with Home Affairs as to know the number of those arrested so far, they are doing great work. Everytime when we raise awareness about particular centres which harboured foreign nationals, we have been proven right,” Maake said.

An employee, who asked to remain anonymous, at one of the firms in Ekurhuleni, told ‘The Star’ that they have a high volume of undocumented colleagues working with them.

“I wish immigration inspectors can come to my workplace, many colleagues are illegal foreigners who are under paid. If they can be taken away I believe that many South African citizens would get employment,” said the employee.

Home Affairs Department spokesperson Siya Qoza promised to comment, however, after a week no comment was received from him.

The Employment and Labour Department in April warned employers that they would be arrested for hiring undocumented foreign nationals.

The department’s Gauteng Provincial Chief Inspector, advocate Michael Msiza, warned employers to desist from the practice of employing undocumented foreign nationals and those producing fake documents because they will also get arrested. Msiza said every employer has to account for people in his or her establishment, so as to know that the person is who he/she says he/she is.

“It is your obligation to verify the real person,” Msiza said.

“We are concerned about this unabated hiring of undocumented foreign nationals and those with fake documents and when people have to account they plead ignorance. By hiring undocumented illegal foreigners and those producing fake documents, this means that the same workers are not protected and registered for social coverage like Unemployment Insurance Fund and for the Compensation for Occupational Injuries and Diseases Act.

“Submitting false and misleading information is a serious offence and is punishable by law.”

Msiza said if a company can risk hiring people with fake documents, it means that by implication, they can take the risks and not comply with labour laws. He said the department, in partnership with Home Affairs, would be coming down hard on managers who employ illegal immigrants.