The department made this clarification during an update to Parliament’s Portfolio Committee on Home Affairs regarding state-funded legal aid for migrants.

The briefing included discussions on Home Affairs’ collaboration with the Department of Social Development in addressing issues related to foreign nationals, including migrant children living in South Africa. However, the department stated that legal representation for undocumented individuals does not fall within its mandate.  

Western Cape Home Affairs Department Provincial Manager, Yusuf Simons, explained that legal aid falls under the Department of Justice and Constitutional Development.  

"The legal aid board chair, through the Department of Justice and Constitutional Development, takes this entire process. So Home Affairs is not involved in any way in arranging or facilitating legal representation," Simons stated.

"So at this point, it is clearly not the function of Home Affairs to provide state-funded legal aid for foreign nationals, that responsibility squarely lies with the Department of Justice and Constitutional Development."

--SABC/ChannelAfrica--