To whom it may concern,
Kindly find below a summary of the Law Society of South Africa (LSSA) media statement regarding the purported 30 September 2026 migration deadline:
- Invalidity of the 30 September 2026 Deadline
– The call by anti-migrant movements for undocumented foreign nationals to leave South Africa by 30 September 2026 has no force or effect in law.
– Private individuals and organizations completely lack the legal authority to determine immigration status, compel individuals to leave the Republic, or execute deportations.
- State Mandate and Statutory Enforcement
– Immigration enforcement remains the exclusive prerogative of the State, exercised strictly through the Department of Home Affairs (DHA), the Border Management Authority (BMA), and the South African Police Service (SAPS).
-All enforcement actions must strictly comply with the Constitution, the Immigration Act 13 of 2002, and the Refugees Act 130 of 1998.
– Civilians do not possess the right to demand identity documentation from others, nor do peaceful protest rights permit intimidation, threats, or vigilante actions.
- Determination of Lawful Presence
-A person’s nationality, appearance, language, or lack of physical documentation does not prima facie establish unlawful presence.
– Numerous foreign nationals, including refugees and asylum seekers, maintain lawful presence in South Africa while awaiting official adjudications or operating under valid legal concessions.
- Condemnation of Xenophobic Rhetoric and Violence
– The LSSA explicitly condemns unsubstantiated rhetoric that collectively blames foreign nationals for socioeconomic challenges, noting that similar rhetoric led to violence, looting, and displacement around the 30 June 2026 timeline.
– Section 10 of the Constitution protects the inherent dignity and safety of every person within South Africa, regardless of origin. SAPS is called upon to actively protect vulnerable individuals and decisively curb unlawful conduct.
- Call for Institutional Efficiency
– The LSSA urges the DHA to clear administrative backlogs, adjudicate applications lawfully without undue delay, and issue reliable documentation.
– Public figures and citizens are urged to exercise restraint, distinguish verified facts from speculation, and address immigration concerns solely through lawful, constitutional frameworks.
Resources:
- Law Society of South Africa. Press release – 30 September 2026. Marcus A. Malan (Chairperson, Immigration and Refugee Law Committee).
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