When approximately 200 foreign nationals sought refuge at the Durban Central Police Station, fearing for their safety and calling on the United Nations to intervene, it raised urgent questions about the state of South Africa’s immigration system and the protection of vulnerable migrants. Craig Smith, immigration expert and principal at Craig Smith & Associates, was invited to share his analysis on the situation.
Was a Police Station the Right Place to Turn?
Craig Smith was direct: the more pressing question is not where they went, but why they had nowhere else to go.
“It begs the question where they were meant to go,” said Craig Smith. The situation exposes a systemic gap between documented and undocumented foreigners, the responsibilities of the South African Police Service (SAPS), and the obligations of the Department of Home Affairs. “Every five or six years or so it erupts into major violence and death, and it’s unacceptable.”
Home Affairs at the Root of the Problem
Craig Smith pointed to the Department of Home Affairs as a central failure point. Despite the Refugees Act coming into effect in 2000, the department has, in his view, neglected its obligations for over two decades. This has created a significant backlog of foreign nationals who have become undocumented largely due to departmental inefficiency, not personal fault.
Compounding the problem is a lack of public education. Home Affairs is legally required to educate civil society on the rights of refugees and migrants, yet Craig Smith noted that this education is largely absent. “From the top down, you do not see deterrence, you do not see education, and then the policing authorities will stand idly by.”
Policing Failures and the Lack of Prosecutions
Craig Smith was candid about the role of law enforcement. While some argue that victims of violent attacks should simply open a case at a police station, the reality for many foreign nationals is that they are turned away or treated as suspects. Those who incite violence, he argues, are rarely held accountable.
“We have a very poor history of prosecutions for inciting violence, public violence,” he said. Without meaningful consequences for instigators, the cycle continues.
The Politics Behind Anti-Immigrant Sentiment
Craig Smith also addressed the political dimension of anti-immigrant protests, noting that groups and parties such as Operation Dudula and certain political actors use anti-immigrant sentiment to galvanize communities and secure votes. He observed that politicians who once blamed undocumented migrants for unemployment and poor service delivery have more recently shifted to criticising government corruption and mismanagement.
“It becomes politicking,” said Craig Smith. “As we approach elections later this year, you’re going to get waves of anti-immigrant sentiment.”
He cautioned that unless government departments and policing authorities take proactive steps, including potentially creating dedicated divisions to address anti-migrant violence, the situation risks escalating into loss of life.
The Complexity of Embassy Support
One recurring question is why affected foreign nationals do not turn to their own embassies. Craig Smith explained that for asylum seekers, approaching an embassy of the very country they are fleeing is counterproductive. “Your embassy is going to have little empathy for you if you are saying that is the country you’re fleeing.”
A Call for Government Accountability
Craig Smith was measured but firm: asylum seekers and refugees are being scapegoated for failures that belong to government. South Africa’s borders and immigration administration have been mismanaged, and the most vulnerable people in the system are bearing the cost.
The solution, in his view, starts at the top with political will, departmental accountability, civil society education, and a justice system willing to prosecute those who incite violence against foreign nationals.