KwaZulu-Natal Provincial Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, has highlighted the persistent legal hurdles facing law enforcement in dealing with undocumented immigrants in South Africa.
Speaking in an exclusive interview with SABC News, Mkhwanazi said prosecuting undocumented foreign nationals remains a complex and recurring challenge, largely due to delays in asylum application processes.
He explained that many undocumented individuals avoid prosecution by claiming they have applied for asylum through the Department of Home Affairs and are awaiting approval—effectively stalling legal action against them.
“The main problem we have as police with these people who are residing in South Africa illegally is that they apply for asylum and then wait for Home Affairs to approve their application,” Mkhwanazi said. “When the police arrest them, they go to court, but cannot be prosecuted because their lawyers will say they are still waiting for the Home Affairs process. We arrest them again, and the same process gets repeated.”
Mkhwanazi also acknowledged mounting public frustration over crimes allegedly linked to undocumented immigrants, noting that the legal system’s current limitations often leave police efforts hamstrung.
The commissioner’s comments come amid increasing national debate on immigration enforcement and the need for reform in the asylum processing system.