General News

SA Police Commissioner flags legal hurdles in tackling undocumented immigration

Date: Jun 5, 2025

South Africa's (SA) KwaZulu-Natal province Police Commissioner Lieutenant General Nhlanhla Mkhwanazi says ongoing legal barriers are making it difficult for law enforcement officers to effectively deal with undocumented immigrants in SA.

Mkhwanazi pointed to a recurring challenge: many of those arrested without valid documentation claim to have lodged asylum applications with the Department of Home Affairs. As a result, cases against them often collapse in court.

“What tends to happen is, we arrest someone found to be in the country illegally. But once in court, their lawyers argue that they are in the process of seeking asylum and are still awaiting approval from Home Affairs,” Mkhwanazi explained. “So, the case doesn’t proceed. We re-arrest them later, and the cycle continues.”

His comments come amid mounting frustration from the public, with many linking rising crime levels to undocumented foreign nationals. Mkhwanazi acknowledged these concerns but stressed that police are often hamstrung by existing legal protocols.

While some sectors of society believe the asylum system is being misused, rights groups caution against broad generalisations that could fuel xenophobia. Still, the Commissioner maintained that the difficulties stem largely from systemic delays and legal loopholes.

--ChannelAfrica--

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