FW de Klerk Foundation: Rising South Africa xenophobia
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South Africans protest poor service delivery. Protests led to xenophobic violence. Source: Vatican News
FW DE KLERK FOUNDATION EXPRESSES CONCERN OVER RISING XENOPHOBIC MOBILISATION
The FW de Klerk Foundation expresses its concern at the recent escalation of anti-immigrant mobilisation in parts of South Africa, including reports of intimidation, business closures, harassment of foreign nationals and calls for a nationwide shutdown demanding the removal of all foreign nationals, regardless of legal status.
The Foundation recognises that South Africa faces real and serious challenges relating to undocumented migration, weak border management, unemployment, crime, labour exploitation and administrative failures within the immigration system. These concerns must be addressed firmly, lawfully and effectively by the state.
However, the Constitution does not permit private individuals or movements to assume the powers of immigration officials, police officers or courts. Immigration enforcement is a state function and must be carried out in accordance with the Constitution, the Immigration Act of 2002, the Refugees Act of 1998 and the principles of legality, dignity and administrative justice.
Section 1 of the Constitution commits South Africa to human dignity, equality, non-racialism, constitutional supremacy and the rule of law. Section 7 confirms that the Bill of Rights protects all people in the country. While the Constitution allows the state to distinguish between citizens and non-citizens in certain areas, it does not allow violence, collective punishment, intimidation or hate-driven exclusion.
Christo van der Rheede, Executive Director of the FW de Klerk Foundation, said: “A constitutional democracy cannot allow public frustration to become private punishment. South Africans are entitled to demand effective immigration control, but no person or group is entitled to turn our streets, clinics, schools or places of trade into border posts. The rule of law is not defended by vigilantism; it is destroyed by it.”
The Foundation further warns that xenophobic mobilisation risks deepening social division, damaging local economies, undermining public safety and harming South Africa’s standing on the continent. Many foreign nationals living in South Africa are lawful residents, refugees, asylum seekers, workers, traders, parents and children. They may not be treated as a single criminal category.
Ismail Joosub, Manager of Constitutional Advancement at the FW de Klerk Foundation, said: “The constitutional answer is not open borders and it is not mob justice. It is lawful, competent and humane governance. The state must enforce immigration law with seriousness, but it must also protect every person within our borders from violence, humiliation and arbitrary targeting.”
The Foundation calls on government to strengthen lawful immigration enforcement, act against corruption and exploitation, protect vulnerable communities and ensure that all protests remain peaceful, unarmed and within the bounds of the Constitution. South Africa must address migration challenges without surrendering its constitutional soul.
Issued by Ismail Joosub on behalf of the FW de Klerk Foundation on 28/04/2026
FW de Klerk Foundation
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