A directive from the South African Police Service tells officers they may not join private groups that target foreign nationals, and warns that members who take part can be charged.

Staff Reporter

The South African Police Service has instructed its members not to accompany private organisers or community groups that set out to target foreign nationals, in a circular that warns officers who take part can face criminal charges.

The circular, signed by the Divisional Commissioner for Visible Policing and Operations, Lieutenant General MJ Mamotheti, follows what it describes as recent incidents in which private organisers and communities demanded that police accompany them to identify and remove foreign nationals from homes and businesses.

It states that private organisers and individuals have no legal authority to identify, detain or remove any person on the belief that they are legal or illegal foreigners, and no authority to require police to act against them.

“Private organisers and individuals have no legal authority to identify, detain or remove any person on the basis that they believe they are legal or illegal foreigners.”

From the SAPS circular

No lawful authority to target foreign nationals

According to the circular, the power to address immigration violations, verify a person’s status and detain or deport undocumented foreign nationals rests with immigration officers of the Department of Home Affairs under the Immigration Act of 2002. The Border Management Authority is responsible for border functions and ports of entry under its 2020 Act. The police, it says, play a supporting role only, acting under the law and on formal requests.

Where the police may assist

That supporting role includes verifying identities where there is a lawful basis, referring suspected immigration violations to Home Affairs or the Border Management Authority, making arrests where the law allows, providing security during enforcement operations, and investigating related crimes such as human trafficking, fraudulent documents and corruption. The circular adds that officers must protect the rights to equality, dignity and freedom of movement set out in the Constitution, regardless of a person’s nationality or immigration status.

What officers who take part risk

Members are directed to refuse any civilian-arranged action to identify, threaten or remove foreign nationals, and to refer people who ask for such help, or who complain about suspected undocumented persons, to Home Affairs or the Border Management Authority. Any officer who takes part is said to be acting unlawfully and may be charged. The circular instructs commanders to communicate the directive during parades and training, and warns that non-compliance may lead to disciplinary action, civil liability or criminal prosecution.

The circular says the police service will continue to uphold the Constitution and the rule of law, and to protect the right to peaceful protest, while taking firm action against lawlessness and anti-foreigner violence.

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