The High Court in Johannesburg has clarified that only authorised law enforcement officials may demand or inspect a person's immigration documentation, reaffirming the legal limits on who may carry out such checks.
In its ruling, the court found that only members of the South African Police Service (SAPS) and immigration officials acting under the authority of the Department of Home Affairs are legally empowered to request a person's documentation.
The judgment confirms that Section 41 of the Immigration Act 13 of 2002 does not authorise private individuals, community groups or organisations to demand immigration documents from members of the public. Anyone doing so without legal authority would be acting unlawfully.
The court further ruled that officials may only conduct document inspections where there is reasonable suspicion. It also stated that searches of private properties, including homes, workplaces, schools and businesses, generally require a warrant and that inspections are ordinarily limited to public spaces unless lawful procedures are followed.
The judgment also reaffirmed constitutional protections for children, stating that minors may only be questioned or arrested as a measure of last resort and in accordance with Section 28(1)(g) of the Constitution.
The ruling comes amid growing concerns over vigilante-style operations by groups attempting to verify the legal status of foreign nationals during anti-illegal immigration demonstrations.
Human rights organisations have warned that such actions can lead to harassment, intimidation and unlawful conduct.
Nothando Phuti of Kopanang Africa Against Xenophobia said the court's judgment makes it clear that civilians are not legally permitted to carry out immigration checks.
Meanwhile, President Cyril Ramaphosa has acknowledged that South Africa's immigration system requires significant reform.
In his weekly newsletter, Ramaphosa said government recognises shortcomings within the current system and is committed to addressing them.
"We also recognise where our systems have failed; they must be corrected," the President said.
He reiterated that while South Africans have a constitutional right to protest, that right does not extend to intimidation, vandalism or violence.
The National Joint Operational and Intelligence Structure (NATJOINTS) has also warned protesters against engaging in unlawful conduct.
NATJOINTS Chairperson Lieutenant-General Tebello Mosikili said law enforcement agencies would respond swiftly, proportionately and decisively to any criminal activity within the bounds of the law.
She stressed that South Africa is governed by the rule of law and not by intimidation, violence, ultimatums or mob justice, adding that government remains firmly in control of national security and constitutional order.