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Police in the Sarah Baartman District in the Eastern Cape have arrested 139 suspects for a range of crimes, including drug dealing, robbery with aggravating circumstances and immigration offences.

The operations, which were conducted between 1 and 7 June, led to the arrest of 35 undocumented foreign nationals, as well as a 45-year-old documented Chinese business owner. 

The business owner was taken into custody during Operation Identity, which was carried out in St Francis Bay, Humansdorp and Hankey. 

The Chinese national was arrested under Section 49(3), read in conjunction with Section 38 of the Immigration Act No. 13 of 2002, for employing foreign nationals without valid permits. Fines totalling R55 500 were issued.

The operations come as government has recently adopted the Comprehensive Approach for Migration Management, which is aimed at, among others, strengthening border security, enforcing immigration laws and tackling corruption. 

In an address to the nation on Sunday, 7 June, President Cyril Ramaphosa outlined measures that showed unequivocally that government is upping the ante on weeding out illegal immigration and its concomitant effects, including organised crime.

“Illegal migration routes increasingly overlap with organised crime. Criminal syndicates involved in trafficking, extortion, illegal mining, drugs and money laundering often use undocumented migration for recruitment and concealment of goods,” the President said.

Government is stepping up pressure on businesses that insist on hiring undocumented immigrants, paying them wages that are well below the minimum wage and making them work longer hours without due compensation. 

“Employers who knowingly hire undocumented workers and exploit their vulnerability are breaking the law. They undermine labour standards. They undermine fair competition, and they undermine opportunities for South Africans,” the President said.

Clamping down on this practice has led to the Department of Employment and Labour launching the phased recruitment of 10 000 inspectors for this financial year, in order to rebuild labour enforcement capacity.

President Ramaphosa said penalties for errant employers will be increased, including imprisonment, for the violation of the Immigration Act. 

“We cannot have a situation where employers who, after being charged and found guilty of violating our laws, merely pay a fine and continue employing undocumented foreign nationals, whom they exploit.” 

Breaking the back of the drug trade

The Crime Intelligence-led operations held in the Sarah Baartman District also resulted in the arrest of 26 suspects, 11 of whom were arrested for dealing in or possession of drugs. 

Items recovered and illicit drugs seized during these operations include mandrax, tik, cocaine, magic mushrooms, and rock kat, with a combined estimated street value of more than R311 885.

Successfully executed tracing operations led to the arrest of 43 suspects for various crimes. Tactically focused combat operations secured a further 35 arrests.

The suspects are due to appear before various Magistrate’s Courts soon.

Brigadier Abduraghmaan Humphries, the Acting District Commissioner of the Sarah Baartman District, praised the joint efforts of the South African Police Service (SAPS) and the multidisciplinary teams involved in the various operations.

“South Africa is a constitutional country governed by laws that must be respected by both citizens and foreign nationals. 

“The root cause of illegal migration is often business owners exploiting undocumented workers for cheap labour, dodging minimum wages and bypassing local labour regulations,” said Humphries.

“Locals must report illegal employment through the proper channels rather than engaging in intimidation, violence or unlawful protests.” – SAnews.gov.za

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President Cyril Ramaphosa says government will undertake a phased relocation of refugee reception centres to border posts, starting with the Tshwane centre this year.

“Many other countries have refugee reception centres close to the place where refugees enter the country seeking asylum or refuge,” the President said.

Addressing the nation on Sunday, President Ramaphosa said moving refugee reception centres closer to the country’s borders is intended to ensure asylum applications are processed more efficiently, securely and fairly.

“This will enable government to determine protection needs at the point of entry to ensure that those who genuinely require protection receive assistance as quickly as possible,” he said.

The President said a key part of government’s response to migration challenges is strengthening the immigration system by stamping out corruption and deploying cutting-edge technology.

“We are continuing the crackdown on corruption and inefficiencies in the Department of Home Affairs. We must recognise that illegal immigration is often enabled by corruption.

“Officials who sell documents, facilitate unlawful entry or abuse public office for personal gain betray the trust of the South African people. We will pursue these cases relentlessly.

“Those responsible are facing dismissal, criminal prosecution and the full consequences of the law,” he said.

President Ramaphosa reiterated that migration is a global reality and that South Africa must be prepared to embrace it.

“South Africa is a better country for migration. And we can become better still. But that means our laws need to be strengthened and more effectively enforced.

“It means that we must end illegal immigration and deal with the social, economic and security challenges to which it contributes.

“We must not allow ourselves to turn against foreign nationals or each other. We must all respect the Constitution, uphold the basic human rights of all people and consistently uphold the law of the land.

“We reject the notion that we must tolerate illegal immigration. We can protect our borders while protecting human dignity,” the President said.

He expressed confidence that South Africa can overcome the challenge of illegal immigration, just as it has overcome division, conflict and injustice in the past.

“South Africa has overcome far greater challenges than this. We will overcome this challenge too,” he said. – SAnews.gov.za

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Government is set to intensify enforcement against employers who hire undocumented foreign nationals, as part of a broader effort to protect labour standards, promote fair competition and create opportunities for South Africans.

Addressing the nation on Sunday, President Cyril Ramaphosa said illegal immigration undermines efforts to create decent work and contributes to the exploitation of vulnerable workers. 

He acknowledged that some employers hire undocumented migrants because their legal status prevents them from standing up for their rights, allowing businesses to pay wages below the minimum wage and impose excessive working hours without proper compensation.

“We have uncovered a number of workplaces where undocumented migrants are made to labour under very bad conditions,” the President said, adding that employers who knowingly hire undocumented workers are breaking the law, undermining labour standards, fair competition and opportunities for South Africans.

President Ramaphosa said going forward, such conduct will face stronger penalties and stricter enforcement. 

As part of government’s Comprehensive Approach for Migration Management, authorities will intensify inspections of companies employing undocumented foreign nationals. 

The inspections will be carried out by the South African Police Service, the Department of Home Affairs and the Department of Employment and Labour.

To strengthen labour law enforcement, the Department of Employment and Labour has launched the phased recruitment of 10 000 inspectors during the current financial year.

Government also plans to increase penalties, including imprisonment, for employers who violate the Immigration Act. 

President Ramaphosa said authorities can no longer allow employers found guilty of breaking the law to “simply pay a fine” and continue exploiting undocumented workers.

Employment quotas

Government has finalised the National Labour Migration Policy, which proposes maximum quotas for the employment of documented foreign nationals and includes measures to deal with employers who hire undocumented workers. 

The Employment Services Amendment Bill, which has been approved by Cabinet for introduction to Parliament, will empower the Employment and Labour Minister to set quotas for the employment of foreign nationals in specific economic sectors and occupational categories.

President Ramaphosa said these measures form part of government’s efforts to ensure that businesses compete fairly, labour laws are respected and more opportunities are created for South Africans.

Transport sector

The transport sector has also been identified as an area requiring intervention. 

Government is implementing a plan developed with the logistics and freight industry, as well as labour organisations, to address violations of immigration and labour laws in the sector. – SAnews.gov.za

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President Cyril Ramaphosa has called out campaigns that seek to spread misinformation and sow discord as government intensifies efforts to tackle illegal immigration and strengthen migration management.

Addressing the nation on Sunday, the President acknowledged growing public concerns about migration, pressure on public services, jobs, safety and the rule of law, saying these concerns are real and deserve to be addressed. 

“We know that South Africans are not xenophobic,” the President said, stressing that there is no place for xenophobia, racism, sexism, Afrophobia or any other form of intolerance in the country.

He, however, warned that some groups are attempting to exploit concerns about illegal immigration to incite lawlessness and violence, while others are spreading misinformation and falsehoods through social media campaigns. 

He said government would act against those seeking to destabilise the country for political, personal or criminal gain.

“We will not be fooled or influenced by social media campaigns that spread misinformation, fake news and lies about foreign nationals.

“We must be concerned that anti-foreigner sentiment is at times accompanied by tribal and ethnic slurs, insults or attacks aimed at other South Africans.”

While emphasising that South Africa has the right to enforce its immigration laws and prevent irregular migration, President Ramaphosa said the responsibility of enforcing those laws rests with the State alone. 

“No other person is allowed, for example, to confront someone in the street to demand proof of nationality,” the President said. 

He said South Africa remains committed to protecting the human rights of all people in the country, whether citizens or foreign nationals, and to honouring its international obligations.

He urged communities to work together to address illegal immigration in accordance with the Constitution, the law and international obligations, without resorting to intimidation, victimisation or violence.

Respect for rule of law

The President reiterated the need for the respect of South Africa’s immigration laws.

“We expect foreign nationals to respect our laws. We, therefore, need to respect [the laws] ourselves.

“Illegal migration, if unchecked, poses a risk to South Africa’s security, stability and economic progress.  

“We know that illegal migration affects service delivery and places additional burdens on essential services such as health care and education,” he said, while acknowledging the role illegal migration can play in organised crime. 

“Criminal syndicates involved in trafficking, extortion, illegal mining, drugs and money laundering often use undocumented migration for recruitment and concealment of goods,” President Ramaphosa said.

As government rolls out its new migration management measures, the President said authorities would not allow anyone to use the issue of illegal immigration to undermine public safety or destabilise the country. 

The President said South Africa can address the challenge of illegal immigration while remaining true to its constitutional values and the spirit of Ubuntu. He called on citizens to uphold human dignity, respect the law and build a country that is “secure, lawful, compassionate and prosperous”. – SAnews.gov.za

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Government has adopted a Comprehensive Approach for Migration Management aimed at strengthening border security, enforcing immigration laws, tackling corruption and closing policy loopholes as part of a broader effort to address illegal immigration in South Africa.

Addressing the nation on Sunday, President Cyril Ramaphosa said the plan was adopted by Cabinet last week and endorsed by the President’s Coordinating Council, which includes Premiers, local government representatives and traditional leaders.

“As government our objective is clear. We want a South Africa where every person who enters the country does so lawfully; a South Africa where immigration laws are respected and enforced; a South Africa where businesses compete fairly; a South Africa where communities feel safe and secure, and a South Africa that remains true to its constitutional values and its commitment to human dignity,” the President said. 

The plan rests on five pillars, namely, cracking down on violations of immigration and labour laws, preventing illegal entry into the country, stamping out corruption in the immigration system, strengthening immigration laws and policies, and working with other countries to address migration challenges across the region and continent.

Cracking down on law violations

The first part of the response focuses on a well-coordinated effort to crack down on violations of existing immigration, labour and other laws. 

The President said the Department of Home Affairs, the Border Management Authority (BMA), South African Police Service (SAPS) and other law enforcement agencies have been and will intensify the process of identifying and deporting undocumented foreign nationals residing illegally in South Africa.

“In the past year alone, the BMA managed to intercept and stop over 450 000 people who were attempting to enter South Africa illegally,” the President said.

Furthermore, he said dedicated courts will be set up to deal with immigration to speedily support the deportation of undocumented migrants. 

Securing the borders

The second pillar of the approach to illegal immigration is anchored on knowing who enters the country, why they are entering and how long they are permitted to stay.

“Secure borders are not a sign of hostility towards other countries. They are a fundamental requirement of a sovereign and well-governed State,” the President said.

He said government will continue to invest in modern technology, infrastructure and personnel to ensure that borders are secure, while facilitating legitimate trade, travel and economic activity.

We will undertake a phased relocation of refugee reception centres to border posts, starting with the Tshwane centre this year. 

Rooting out corruption

The third part of the approach focuses on efforts to strengthen the immigration system by stamping out corruption and deploying cutting-edge technology.

“We are continuing the crackdown on corruption and inefficiencies in the Department of Home Affairs. 

“We must recognise that illegal immigration is often enabled by corruption. Officials who sell documents, facilitate unlawful entry or abuse public office for personal gain betray the trust of the South African people. We will pursue these cases relentlessly.

“Those responsible are facing dismissal, criminal prosecution and the full consequences of the law,” said the President.

He cited the establishment of an Intelligent Population Register that contains biometric data for every person in the country, laying the foundation for the Digital ID.

Efforts to discontinue the green ID book, which has been described as vulnerable to identity theft, will go on, closing the space for undocumented immigrants and criminal syndicates.

The Department of Home Affairs is to set a date after which the green ID books will not be recognised.                                               

This, the President said, will end the abuse of the Traffic Registration Number, which foreign nationals require to register or buy vehicles, but which is being used as a form of identification.

“The Department of Transport will issue new regulations to align with the identification laws of our country within the next three months,” President Ramaphosa said.

Bolstering laws and policies

The fourth part of the response is to close the gaps in the country’s laws and policies.

The President acknowledged that the laws that regulate immigration in South Africa are fragmented and often contradictory.

“They allow legal loopholes that are exploited by undocumented migrants. We are addressing these loopholes.”

Cooperation on immigration

The final part of the response hinges on work with other countries in the region and across the continent to address the broader challenge of migration. 

“We need to address the factors that drive migration on our continent and elsewhere,” President Ramaphosa said.

South Africa, the President said, will continue working with its sister countries to build an Africa in which people move by choice and not by desperation.

“As part of this effort, I will be sending envoys to a number of sister African countries to outline the measures that we are announcing this evening.

“Cabinet will remain seized with this matter and will regularly review progress in implementing these measures,” the President said. – SAnews.gov.za

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