- KAAX and Lawyers for Human Rights say urgent litigation secured the government's public commitment to prevent xenophobic violence.
- The government has reaffirmed that immigration enforcement may only be carried out by authorised State officials.
- Police say nationwide demonstrations have remained largely peaceful despite arrests linked to looting and attempted looting.
The South African government has publicly committed itself to preventing xenophobic violence and protecting refugees, asylum seekers, migrants and other vulnerable communities following urgent legal action brought by Kopanang Africa Against Xenophobia (KAAX) and Lawyers for Human Rights (LHR).
The organisations say the commitments represent a significant constitutional victory at a time of heightened tensions, but have made it clear that they will continue pursuing broader legal relief to ensure lasting protections against xenophobia and unlawful immigration enforcement.
The urgent application was launched in the High Court in Durban after anti-migrant formations publicly called on foreign nationals to leave communities by 30 June 2026, warning of unspecified consequences should they remain.
According to KAAX and LHR, those public statements created a real and immediate risk of xenophobic violence, intimidation, unlawful evictions, racial profiling and private groups assuming immigration enforcement powers reserved exclusively for the State.
Urgent application sought immediate constitutional protection
The organisations stressed that their case was never intended to prevent lawful immigration enforcement.
Instead, they argued that South Africa is entitled to enforce its immigration laws, provided that enforcement is carried out lawfully, constitutionally and exclusively through authorised State institutions acting within the Constitution, the Immigration Act and the Refugees Act.
The urgent application asked the court to direct the government to take all reasonable measures to prevent xenophobic violence, deploy adequate policing resources ahead of the planned demonstrations, publicly repudiate the ultimatum issued against foreign nationals, ensure immigration enforcement remained the responsibility of authorised officials, prevent discriminatory operations based on nationality or ethnicity, uphold constitutional safeguards during immigration enforcement and report on measures taken to protect affected communities.
Government agrees to key commitments
Following extensive engagements during urgent court proceedings on 26 June, the Minister of Justice and Constitutional Development and the remaining respondents agreed in substance to the relief sought by KAAX and LHR.
The government also undertook to issue a public statement reaffirming its constitutional obligations and clarifying the legal position regarding the planned events of 30 June.
In that statement, the government confirmed that 30 June was an ordinary day and should not be treated as an opportunity for private individuals to perform law enforcement functions.
It further confirmed that no unauthorised individual may demand identity documents or proof of nationality from another person, while blocking access to schools, hospitals, clinics, or other public facilities is unlawful.
The government also reaffirmed that violence, intimidation, vigilantism and the targeting of people because of their nationality will not be tolerated. It warned that misinformation, incitement and hate speech intended to promote violence would be investigated and prosecuted.
Importantly, the government reiterated that protecting every person within South Africa remains a constitutional obligation regardless of nationality or immigration status.
Organisations welcome outcome
KAAX and LHR described the commitments as an important step towards strengthening constitutional governance and protecting vulnerable communities.
The organisations said the public commitments reinforce the principle that immigration enforcement cannot be outsourced to private individuals or vigilante groups.
They added that South Africa's constitutional democracy was founded on the principle that public power remains accountable to the Constitution and the courts, while strategic litigation provides lawful mechanisms for resolving constitutional disputes without resorting to violence or intimidation.
The organisations also emphasised that engaging government through the courts should never be viewed as hostility towards the State but rather as an affirmation of constitutional democracy, accountability and the rule of law.
Appeal for calm as police maintain high alert
KAAX and LHR called on communities to remain calm, reminding the public that no private person has the legal authority to demand another person's immigration documents, conduct immigration inspections or forcibly remove individuals because of their nationality or perceived nationality.
They stressed that while peaceful protest is constitutionally protected, violence, intimidation, hate speech, and the obstruction of public services constitute criminal conduct that must be addressed by law enforcement authorities.
The organisations also urged the South African Police Service, Metro Police, Home Affairs officials and other law enforcement agencies to ensure policing remains impartial, professional and fully compliant with the Constitution.
The Ministry of Police later confirmed that policing operations had remained effective, with demonstrations across the country proceeding largely peacefully despite isolated incidents of criminality.
The ministry said the South African Police Service arrested several individuals from the early hours of 30 June in connection with incidents of looting and attempted looting reported in various parts of the country while monitoring planned nationwide demonstrations.
Police remain on high alert with heightened deployments to protect communities, businesses and critical infrastructure. Officers have also been instructed to act swiftly against anyone involved in looting, attempted looting, public violence, malicious damage to property, intimidation or any other unlawful conduct.
Acting Minister of Police Firoz Cachalia said, "We urge citizens to exercise their constitutional rights responsibly and to ensure that demonstrations remain peaceful and lawful. Those who choose to exploit the marches to commit criminal acts will face the full might of the law. Police will continue to identify, arrest, and prosecute all those responsible for criminal conduct."
Constitutional challenge will continue
Although the urgent proceedings secured significant commitments from the government, KAAX and LHR say the structural issues that gave rise to the litigation remain unresolved.
The organisations have confirmed that they will proceed with Part B of the application, seeking declaratory and structural relief from the court.
Among the orders sought are declarations confirming that immigration enforcement powers vest exclusively in authorised State officials, that private groups cannot lawfully exercise or influence immigration enforcement functions, that the State bears an ongoing constitutional obligation to prevent collective targeting, and that coordinated national measures are required to prevent future xenophobic mobilisation and violence.
The applicants are also seeking an order directing the government to develop and implement a coordinated national plan to prevent xenophobia and racism in consultation with civil society organisations and affected communities, together with structural court supervision to ensure continued compliance with constitutional obligations.
KAAX said the litigation has always been about strengthening constitutional governance, protecting vulnerable communities and ensuring South Africa responds to migration through the rule of law rather than fear, intimidation or violence.
The organisation said South Africa's constitutional democracy was built through immense sacrifice and that the Constitution provides lawful and democratic mechanisms through which communities can seek accountability while protecting the rights of everyone living in the country.
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