SA Police: Civilians Cannot Check Nationality Or Immigration Status

KwaZulu-Natal Acting Provincial Police Commissioner Major-General Phumelele Makoba has warned South Africans taking part in marches against undocumented foreign nationals that civilians have no legal authority to search other people or demand identification documents or proof of nationality.

Speaking to the media on Tuesday, ahead of the widely discussed but unofficial 30 June deadline that some groups have called for undocumented foreign nationals to leave South Africa, Makoba said those powers belong exclusively to authorised law enforcement officers.

“The 30th of June has been bandied about as a day in which matches will be amplified across the province with fears of instability and chaos,” she said.

“Police have been monitoring these matches. We have been made aware that there are people who are conducting searches on fellow civilians demanding proof of their identity.

“We are reminding those who will be engaging in matches that no civilian is allowed to search a fellow civilian, and no civilian has a right to demand any form of identification or confirmation of nationality. That is a duty of law enforcement officers.”

Makoba said that while undocumented migrants may violate immigration laws, determining their status and carrying out deportations remains the exclusive responsibility of law enforcement agencies.

“It is a crime to be in South Africa without proper documentation, I reiterate that. However, it is a duty of law enforcement to confirm that and facilitate the deportation,” she said.

“Police will enforce the law without fear or favour on anyone who is found to be breaking the law.

“We have a duty to educate the public about what is permissible and what is not, so that they do not claim innocence when police enforce the law.

“The first mandate of the police is to prevent crime. In doing so, we have held a series of meetings at various levels with organisers of the matches, and the word out there is that matches will be peaceful, will be just peaceful demonstrations.

“Police have a duty to ensure stability, peace, and order, and as such, we shall deploy accordingly.”