SA Human Rights Commission under fire as immigration debate intensifies

The South African Human Rights Commission (SAHRC) came under intense criticism during a tense virtual imbizo on anti-illegal immigration protests in KwaZulu-Natal, as frustrated South Africans accused the commission of failing to prioritise citizens amid growing pressure over migration, crime and unemployment.

Some participants argued that South Africans are increasingly being sidelined in employment opportunities, informal trading and access to public services, while alleging that undocumented foreign nationals are linked to criminal activity and drug dealing in some communities.

Operation Dudula member, Joshua Mashao, criticised the commission for what he described as a failure to ensure immigration laws are enforced at public institutions.

“You don’t regard illegal immigration as a violation of human rights for South Africans.

“When we go to the hospital, we are trying to show the government that they are not enforcing section 44 of the Immigration Act, which says that whenever a foreign national presents at a public institution, they must be assessed to determine whether they are legally or illegally in the country. If they are illegal, they must be arrested,” he added.

In response, SAHRC Acting COO, Eric Mokonyama, defended the commission’s position, saying immigration enforcement and crime prevention remain the responsibility of the South African Police Service (SAPS) and other state institutions, not ordinary citizens.

“We can’t have anyone and everyone enforcing the law in the country,” Mokonyama said.

SAHRC Commissioner, Aseza Gungubele, also rejected claims that the commission mainly exists to defend foreign nationals.

“Our work is not ninety per cent focused on non-nationals,” Gungubele said.

Gungubele pointed to the commission’s interventions on water shortages, service delivery failures and education challenges as evidence that the SAHRC serves all people living in South Africa.

INVITATION TO A VIRTUAL IMBIZO ON THE RECENT MARCHES ALLEGED TO BE AGAINST UNDOCUMENTED MIGRANTS
Link: https://t.co/NBcUFX02BB pic.twitter.com/CCIaf2Lupy

— SAHRCommission (@SAHRCommission) May 25, 2026

 The debate comes amid rising tensions around anti-immigration protests in parts of the country.

Earlier this week, the Department of International Relations and Cooperation dismissed allegations that Nigerians and Ghanaians are being killed in South Africa amid recent anti-immigration demonstrations.

Speaking outside the Southern African Development Community (SADC) Foreign Ministers’ gathering on Sunday, DIRCO spokesperson, Chrispin Phiri, said there is no credible evidence supporting claims of extrajudicial killings targeting migrants.

“If people want to repatriate their citizens, and they would like to leave the country, they are more than welcome to do so. But must go through an orderly migration process.  We need to know: how long have you been in the country, and were you here legally? If not, our system has to kick in.”

At the same time, Ghanaian authorities have reportedly begun processing the first group of 300 Ghanaian nationals expected to depart South Africa on Wednesday.