JOINT PRESS STATEMENT | FOR IMMEDIATE RELEASE | LAWYERS FOR HUMAN RIGHTS WELCOMES GOVERNMENT’S PUBLIC COMMITMENT TO PREVENT XENOPHOBIC VIOLENCE FOLLOWING URGENT HIGH COURT PROCEEDINGS

Date: 30/06/2026


Lawyers for Human Rights (LHR), acting on behalf of Kopanang Africa Against Xenophobia (KAAX), welcomes the significant outcome achieved in the urgent proceedings before the KwaZulu-Natal Division of the High Court on 26 June 2026.

The urgent application was instituted on 24 June 2026 in response to escalating threats of xenophobic violence, unlawful immigration enforcement, and public calls by anti-migrant formations for foreign nationals to leave communities by 30 June 2026, failing which they threatened unspecified consequences. The application further sought urgent judicial intervention to ensure that the State fulfilled its constitutional obligations to protect everyone within South Africa from violence, intimidation, unlawful discrimination and collective targeting, irrespective of nationality or immigration status.

Following extensive engagements in court on 26 June 2026, the Minister of Justice and Constitutional Development, together with the remaining Respondents, agreed in substance to the relief sought in our draft order relating to the urgent protection of refugees, asylum seekers, migrants and all persons vulnerable to violence.

As part of those engagements, Government undertook to issue both a written and public statement reaffirming its constitutional obligations and clarifying the legal position regarding the threatened events of 30 June. That undertaking has since been fulfilled by issuance of the public statement by the Minister of Justice and Constitutional Development. Read the statement here.

Why this application was necessary?

This application was never about preventing lawful immigration enforcement. South Africa is entitled—and indeed obliged—to enforce its immigration laws. However, that enforcement must occur lawfully, constitutionally and exclusively through authorised State institutions acting within the framework of the Constitution, the Immigration Act and the Refugees Act.

The application became necessary because public statements, mobilisation campaigns and the circulation of an ultimatum directed at foreign nationals created a real and immediate risk of violence, intimidation, unlawful evictions, racial profiling and private groups assuming immigration enforcement powers reserved exclusively for the State.

The application therefore sought urgent orders requiring Government to:

i. takes all reasonable measures to prevent xenophobic violence, intimidation and xenophobia;

ii. deploy adequate policing resources before and during the anticipated 30 June mobilisation;

iii. publicly repudiate the unlawful ultimatum directed at foreign nationals;

iv. affirm that immigration enforcement may only be carried out by authorised State officials acting in accordance with the Constitution and applicable legislation;

v. prevents discriminatory or collective immigration operations based solely on nationality, language, ethnicity or perceived foreignness;

vi. ensure that any immigration enforcement complies with constitutional safeguards, including access to legal representation and procedural fairness; and

vii. report to the Court on measures taken to protect affected communities pending the determination of the broader constitutional issues.

Government’s commitments

KAAX welcomes the public commitments now made by Government.

In its public statement issued following the court proceedings, Government has unequivocally confirmed that:

i. 30 June 2026 is a normal day and should not be treated as a day on which private persons may assume law enforcement functions;

ii. no unauthorised individual may demand identity documents or proof of nationality from another person;

iii. blocking access to schools, hospitals, clinics or other public facilities is unlawful;

iv. violence, intimidation, vigilantism and the targeting of persons on the basis of nationality will not be tolerated;

v. misinformation, incitement and hate speech intended to promote violence will be investigated and prosecuted; and

vi. the protection of every person within South Africa remains a constitutional obligation of the State.

These commitments are important. They provide clarity to the public, reinforce constitutional principles, and send an unequivocal message that immigration enforcement cannot be outsourced to private individuals or vigilante groups.

KAAX particularly welcomes Government’s reaffirmation that the rule of law, not intimidation, violence or collective punishment, must govern responses to migration. South Africa’s constitutional democracy was built on the principle that the exercise of public power must remain accountable to the Constitution and the courts. One of the defining achievements of our constitutional order is that individuals and civil society organisations no longer need to resort to violence or extra-legal means to resolve disputes or seek accountability. Strategic litigation exists precisely to ensure that constitutional disagreements are resolved through lawful democratic institutions.

Human rights guidance regarding 30 June 2026

KAAX and LHR calls upon every person, organisation and community to remain calm on 30 June.

We remind members of the public that:

i. No private person has the legal authority to demand another person’s immigration documents.

ii. No individual or organisation may conduct immigration inspections or removals.

iii. No person may intimidate, threaten, assault or forcibly remove another person because of

their nationality or perceived nationality.

iv. Peaceful protest remains constitutionally protected, but violence, intimidation, hate speech,

and obstruction of public services are criminal conduct and must be dealt with by law

enforcement authorities.

We also call upon SAPS, Metro Police, Home Affairs officials and all law enforcement agencies to ensure that policing during this period remains impartial, professional and fully compliant with the Constitution.

An important step—but not the end.

The outcome achieved in Part A represents an important and meaningful success. Part B is not intended to frustrate Government’s ability to enforce immigration law. Rather, it seeks judicial clarity on important constitutional questions concerning the limits of public power, the role of authorised state institutions and the State’s continuing obligations to prevent xenophobic violence. The litigation asks the Court to determine whether constitutional obligations were fully met and to provide guidance that will strengthen governance and prevent similar crises in the future.

The commitments secured through these proceedings significantly reduce the immediate risk facing citizens, refugees, asylum seekers, migrants and affected communities alike during the period leading to 30 June. However, the structural issues that gave rise to these events remain unresolved.

For that reason, KAAX represented by LHR will proceed with Part B of the application.

In Part B, we will seek declaratory and structural relief from the Court, including orders confirming that: immigration enforcement powers vest exclusively in authorised State officials;

ii. private groups cannot lawfully exercise or influence immigration enforcement functions;

iii. the State bears ongoing constitutional obligations to prevent collective targeting;

iv. coordinated national measures are required to prevent future xenophobic mobilisation and

violence which historically affects both citizens and migrants alike;

v. Government must develop and implement an accountable, coordinated national plan to

prevent xenophobia and racism, including consultation with civil society and affected communities; and

vi. appropriate structural supervision by the Court is necessary to ensure sustained compliance with constitutional obligations.

This litigation has always been about strengthening constitutional governance, protecting vulnerable communities and ensuring that South Africa responds to migration through the rule of law rather than fear, intimidation or violence. South Africa’s constitutional democracy was secured through immense sacrifice so that disputes about the exercise of public power would be resolved through the Constitution and the courts rather than through violence or intimidation. Civil society has an essential constitutional role in holding the State accountable and ensuring that constitutional rights are protected for everyone.

We therefore commit ourselves to strengthening South Africa’s constitutional democracy. We wish to emphasise that engaging the State through the courts, public dialogue and constitutional processes is evidence of a vibrant and healthy democracy. Such engagement should never be understood as hostility towards the State. On the contrary, it is an affirmation of the Constitution, the rule of law and the democratic values upon which our Republic is founded.

“South Africa’s constitutional democracy was built through immense sacrifice and on the principle that every person has the right to dignity, equality, freedom and justice. The struggle against apartheid demonstrated that lasting change is achieved not through hatred, violence or intimidation, but through collective action, accountability and the pursuit of justice. This matter reaffirms that when communities face inequality, injustice or fear, our Constitution provides lawful and democratic mechanisms. through which to seek accountability and protect the rights of all people. We reject xenophobia, violence and collective punishment in all its forms, and remain committed to strengthening a constitutional democracy founded on human dignity, equality and the rule of law.” – Kopanang Africa Against Xenophobia (KAAX)

KAAX extends its sincere appreciation to Counsel William Nicholson for his outstanding representation and invaluable assistance as counsel in this matter. For inquiries, contact mpho@lhr.org.za and / or media@kaax.org.za.

Ends

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