Authored By: Molebogeng Sambo
North West University
INTRODUCTION
One of the most contentious areas of South Africa’s post-apartheid constitutional system is still immigration. The Republic upholds a progressive legal framework that strikes a balance between sovereign border control and fundamental rights protections under the 1996 Constitution, as a signatory to important international instruments, such as the 1951 Refugee Convention, the African Charter on Human and Peoples’ Rights, and the SADC(Southern African Development Community) Protocol on the Facilitation of Movement of Persons. However, ongoing issues with undocumented migration have fueled public annoyance, economic concerns, and sporadic acts of vigilantism, posing serious concerns about the rule of law, the boundaries of protest rights, and the state’s obligation to safeguard everyone within its territory[1].As tensions increase over anti-foreigner marches and dissatisfaction over high unemployment, South African President Cyril Ramaphosa has addressed the country to announce a number of new steps to crackdown on illegal migration. These measures include jailing companies that employ undocumented workers, establishing special courts to expedite the deportation of undocumented migrants, and establishing a biometric data record for every person in the country to prevent identity theft.[2]
Tension increased when the March and March movement emerged in 2025. The movement, which was founded as a civic organization supporting tougher enforcement of immigration laws, has organized marches across the country, set unofficial deadlines such as 30 June 2026 for undocumented foreigners to depart, and garnered a sizable amount of public support under catchphrases like “Mabahambe,” which is translated as “They must go”. Major cities including Durban, Johannesburg, Pretoria, and Cape Town have seen protests, which frequently drew thousands of participants. In addition to rare acts of violence, looting, and more than 900 arrests during the peak events in late June and early July 2026, reports also show cases of migrants being chased, harassed, or relocated during the protests.[3]
From a legal standpoint, these developments are at the crossroads of a number of important issues including Constitutional protections under sections 9 that emphasize equality,10 that protect human dignity, 12 that provide freedom and security of the person, and 21 that provide freedom of movement, which applies to everyone in South Africa, not just citizens. [4]Precedents from the Constitutional Court and international human rights organizations highlight the state’s affirmative responsibility to stop xenophobic violence.
This article investigates the legitimacy of vigilante-style “chasing” and protest activities linked to organizations like March and March, assesses whether their demands and tactics align with South Africa’s constitutional democracy, and assesses the government’s response in light of its obligations to uphold human rights and enforce immigration laws. By doing this, it raises the question of whether increased public mobilization can support legitimate border management or if it runs the risk of weakening the very rule of law that it claims to defend.[5]
SOUTH AFRICA’S IMMIGRATION AND UNDOCUMENTED MIGRANTS LEGAL FRAMEWORK
The Immigration Act 13 of 2002 (as amended) and the Refugees Act 130 of 1998 serve as the foundation of South Africa’s immigration policy. A person in the Republic without a valid visa, permit, or other authorization is referred to as an “illegal foreigner”under section 1 of the Immigration Act. Section 32 of the Immigration Act provides that any illegal foreigner must leave the country unless authorized by the Director General of the Home Affairs to remain while their application for visa is being processed.Section 34 allows for the arrest and detention of such individuals until deportation, subject to certain procedural safeguards such as court monitoring after 30 days and the opportunity to submit representations[6]. The court made it clear in Lembore and Others v. Minister of Home Affairs and Others [2024] 2 All SA 113 (GJ) that detention under the Immigration Act is still legal until an applicant can provide good cause for their illegal entry or postponed asylum claim. Although the judgment can be appealed, an applicant may still be detained and possibly deported if they are unable to demonstrate good cause[7].
The Promotion of Administrative Justice Act 3 of 2000 (PAJA) and section 33 of the Constitution of the Republic of South Africa 1996, which uphold the values of legality, logic, and procedural justice, must be followed while deporting someone.[8]
Everyone inside South Africa’s borders is granted justiciable rights under the Constitution. With the exception of specifically reserved political rights, sections 9, 10, 12, and 21 apply regardless of nationality or immigration status. This stance is consistent with international commitments under the African Charter, the International Covenant on Civil and Political Rights, and the 1951 Refugee Convention.
This structure is compromised by vigilante enforcement. Under the Immigration Act, private people or organizations lack locus standi to make arrests, detentions, or expulsions. Civilians are not permitted to legally appropriate section 41’s provisions regarding warrantless searches by authorized officials. Such acts run the risk of being considered crimes under the Criminal Law (Forcible Entry and Occupation of Land) provisions, the Riotous Assemblies Act, or common-law offenses including intimidation and assault. Furthermore, the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 may be violated by hate speech or encouragement to violence directed toward migrants.[9]
III. DEVELOPMENT AND STRATEGIES OF THE MARCH AND MARCH MOVEMENT
The March and March movement, which was founded in 2025 under the direction of Jacinta Ngobese-Zuma and others, portrays itself as a civic organization that advocates for strict implementation of current immigration regulations as opposed to bigoted expulsion. It has organized persistent public protests, leading to a national deadline of 30th June 2026 for undocumented migrants to leave of their own volition. Thousands of people participated in protests in Durban, Johannesburg, Pretoria, Cape Town, and other smaller cities. They sang “Mabahambe” and, in certain cases, confronted suspected undocumented immigrants, shut down shops, and pursued people thought to be illegal migrants.
The tactics used present serious legal issues, even while the movement expresses justifiable complaints about porous borders, overburdened public services, and competition for limited resources. Reports of chasing, intimidation, and displacement make it difficult to distinguish between illegal activity and protected assembly under section 17. The state’s obligation under section 7(2) to respect, protect, promote, and fulfill rights is triggered by acts that intimidate, threaten, or result in de facto evictions; however, peaceful protest is protected under the Constitution. The government has reaffirmed that private entities are not permitted to take the law into their own hands and that immigration enforcement remains solely a state responsibility.[10]
Judicial precedent on analogous movements, such as injunctions against Operation Dudula impeding access to healthcare, indicates that vigilante interference with constitutional rights leads to interdictory relief and potential delictual guilt. More than 900 individuals were arrested during the June and July 2026 protests, underscoring the tension between freedom of speech and public order.
IMPLICATIONS FOR HUMAN RIGHTS AND THE CONSTITUTION
Since July 9, 2026, the March and March protests every Thursday. The action came after the closure on June 30, 2026, however patterns of localized intimidation and confrontation under the guise of immigration enforcement are now showing up instead of protests.A few hundred people participated in a “door to door” campaign in Alexandra, marching through homes suspected of housing unauthorized migrants. In one incident, a woman trading on the sidewalk was encircled and harassed by a group of violent males who demanded to know her clan names in order to verify that she was, in fact, South African. People were harassed, street vendor booths thought to be owned by migrants were smashed, and threats were made to destroy migrant property.[11]
The fundamental challenge is balancing the supremacy of the Constitution provided in section 2,with popular sovereignty and socioeconomic dissatisfaction. Blaming migrants collectively for crime, unemployment, and poor service delivery runs the risk of stereotyping, which is forbidden by section 9. When xenophobic discourse dehumanizes groups based on nationality or immigration status, it may be considered hate speech even if it is presented as a critique of policy.
In addition to ensuring due process in removals, South Africa must stop private xenophobic violence. If this is not done, the state may be held accountable in both national and international tribunals. The issue is made worse by administrative backlogs in asylum proceedings, which result in a high number of people who are de facto illegal yet still have residual rights until a final decision.[12]
Employer sanctions, increased capabilities of the Border Management Authority, and dedicated immigration tribunals are examples of legitimate government remedies. Reactive policing without structural change, however, runs the danger of coming across as biased and could exacerbate rather than ease tensions.[13]
CONCLUSION
Although the March and March movement has drawn attention to real shortcomings in South Africa’s immigration policy, its campaign also highlights the vulnerability of constitutionalism to populist pressure. The only viable way ahead is through strong border management, socioeconomic assistance, and lawful state enforcement of the Immigration and Refugees Acts. Extrajudicial pressure methods and vigilante “chasing” are unconstitutional, compromise the rule of law, and run the risk of perpetuating cycles of xenophobic violence that have damaged the country’s democratic project.
In the end, South Africa needs to reiterate its commitment to a single legal system applicable to both citizens and non-citizens. In addition to increased enforcement capabilities, this calls for open policy reform, regional coordination on migration, and judicial vigilance against human rights abuses. The Republic can manage the difficult realities of migration only by adhering to constitutional values rather than circumventing them, thereby maintaining its hard-won democratic dignity. To achieve this delicate balance, further court rulings and legislative improvements will be crucial.
BIBLIOGRAPHY
Constitutions & Statutes
Constitution of the Republic of South Africa, 1996.
Immigration Act 13 of 2002 (S. Afr.).
Cases
Lembore and Others v Minister of Home Affairs and Others 2 All SA 113 (2024).
International & Non-Governmental Organisations
International Commission of Jurists (ICJ), ICJ and Others Welcome SA President’s Condemnation of Xenophobia and Attempts by Private Individuals to Enforce Immigration Laws (June 17, 2026)
International Commission of Jurists (ICJ), South Africa: ICJ Urges High Court to Apply International Law Protecting Migrants and Refugees from Discrimination and Xenophobia in Case Involving Vigilante Attacks (July 8, 2025),
Secondary Sources (News Articles & Reports)
Emma Alimohammadi & Another, The Illegal Eviction of Undocumented Foreigners from South Africa, 19 Afr. Hum. Rts. L.J. 793 .2019.
Government Communication and Information System (GCIS), Inter-Ministerial Committee: Update on the Comprehensive Approach on Migration, https://www.gcis.gov.za/inter-ministerial-committee-update-on-the-comprehensive-approach-on-migration (last visited July 20, 2026).
Kgothatso Miyelani, Intimidation and Confrontation as March and March’s Thursday Protests Kick Off, Sunday Times, https://www.sundaytimes.timeslive.co.za/news/2026- (last visited July 20, 2026).
Nomsa Maseko, South African Anti-Migrant Protests: Thousands March Amid Heavy Security Deployment, BBC News, https://www.bbc.com/news/articles/cy4eq1l184po (last visited July 20, 2026).
Rebecca Schneid, Over 900 Arrested During South African Anti-Migrant Protests. Here’s What to Know, Time, https://time.com/article/2026/07/01/south-africa-anti-migrant-protests/ (last visited July 19, 2026).
Reuters & Associated Press, South Africa Says Over 900 Arrested During Nationwide Anti-Migrant Protests, NBC News, https://www.nbcnews.com/world/africa/south-africa-arrests-nationwide-anti-migrant-protests-rcna352529 (last visited July 20, 2026).
SAnews.gov.za, Government Unveils Comprehensive Plan to Tackle Illegal Immigration, https://www.sanews.gov.za/south-africa/government-unveils-comprehensive-plan-tackle-illegal-immigration (last visited July 20, 2026).
[1]Rebecca Schneid Over 900 Arrested During South African Anti-Migrant Protests. Here’s What to Know,Time,https://time.com/article/2026/2026/07/01/south-africa-anti-migrant-protests/ (last visited Jul 19, 2026)
[2] SA news.gov.zaSouth Africa’s illegal immigration crackdown: President Ramaphosa unveils planhttps://www.sanews.gov.za/south-africa/government-unveils-comprehensive-plan-tackle-illegal-immigration(last visited Jul 19 ,2026)
[3] Routers and the Associated PressSouth Africa says over 900 arrested during nationwide anti-migrant protestsNBC News https://www.nbcnews.com/world/africa/south-africa-arrests-nationwide-anti-migrant-protests-rcna352529 (last visited Jul 20,2026)
[4] The Constitution of the Republic of South Africa,1996(South Africa), ssss 9,10,12 and 21
[5] Nomsa Maseko South African anti-migrant protests: Thousands march amid heavy security deploymenthttps://www.bbc.com/news/articles/cy4eq1l184po BBC News(last visited Jul 20,2026)
[6] Immigration Act 13,2002(South Africa),ssss 1,32 and 34
[7] Lembore and Others v. Minister of Home Affairs and Others 2 All SA 113 (2024)
[8] Emma Alimohammadi,The illegal eviction of undocumented foreigners from South Africa – African Human Rights Law Journal (AHRLJ)19 NO 2,793-818 (2019
[9] ICJSouth Africa: ICJ urges high court to apply international law protecting migrants and refugees from discrimination and xenophobia in case involving vigilante attacks | ICJhttps://www.icj.org/south-africa-icj-urges-high-court-to-apply-international-law-protecting-migrants-and-refugees-from-discrimination-and-xenophobia-in-case-involving-vigilante-attacks/ (Last visited Jul. 20,2026)
[10] Government Communications,Inter Ministerial Committee: Update on the comprehensive approach on migration | Government Communication and Information System (GCIS)https://www.gcis.gov.za/inter-ministerial-committee-update-on-the-comprehensive-approach-on-migration (Last visited Jul.20 ,2026)
[11]Kgothatso Miyelani, Intimidation and confrontation as March and March’s Thursday protests kick off,https://www.sundaytimes.timeslive.co.za/news/2026- (last visited Jul. 20,2026)
[12]ICJ,,ICJ and others welcome SA President’s condemnation of xenophobia and attempts by private individuals to enforce immigration laws | ICJ https://www.icj.org/icj-and-others-welcome-sa-presidents-condemnation-of-xenophobia-and-attempts-by-private-individuals-to-enforce-immigration-laws (last visited Jul. 20,2026)
[13]SA gov, Government unveils comprehensive plan to tackle illegal immigration | SAnews,https://www.sanews.gov.za/south-africa/government-unveils-comprehensive-plan-tackle-illegal-immigration(Last visited Jul.20, 2026)
