South Africa: Government Warns Against Online Incitement Amid Migration Tensions

Government has warned that individuals using social media to incite violence, intimidate foreign nationals or mobilise unlawful activities will face the consequences of their actions as tensions surrounding migration and asylum applications continue.

The Inter-Ministerial Committee (IMC) on Migration on Sunday raised concern about the circulation of inflammatory and misleading content on digital platforms, saying such material could provoke hostility against foreign nationals, public officials and State institutions.

"Freedom of expression is protected by the Constitution; however, the incitement of violence, intimidation, hate speech, and criminal conduct are not protected and will not be tolerated," the IMC Chair Mmamoloko Kubayi said.

The committee said law enforcement agencies were monitoring developments closely and would act against individuals or groups seeking to encourage, organise, facilitate or commit acts of violence and public disorder, whether online or offline.

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"Those who use digital platforms to incite criminal conduct should be reminded that such conduct may constitute a criminal offence and will be dealt with in accordance with the law," Kubayi said.

The warning comes amid heightened public debate over migration and the implications of the Constitutional Court judgment on the processing of asylum applications, handed down on 7 July 2026.

The court declared sections of the Refugees Act, which allowed for immigration officials to deport an asylum seeker if they are in the country without a transit visa, unconstitutional. A transit visa is issued at a port of entry to allow a person to travel to a refugee reception centre and apply for asylum.

The IMC acknowledged that discussions surrounding the judgment had generated uncertainty, speculation and heightened tensions in some communities.

It called on members of the public, civil society organisations, community formations and political stakeholders to exercise restraint while the legal processes underway are resolved.

Peaceful protest must be upheld

The committee reiterated that South Africans have a constitutional right to assemble, demonstrate and present grievances peacefully.

However, it stressed that this right did not extend to intimidation, looting, malicious damage to property, public violence or the obstruction of lawful activities.

"South Africa remains a constitutional democracy governed by the rule of law. Matters relating to asylum, migration, and border management must be addressed through lawful processes and not through misinformation, intimidation, incitement, or acts of violence," Kubayi said.

The IMC also acknowledged engagements with representatives of civil society organisations, including Operation Dudula, March and March, the United Civic Movement, the South African Council of Churches, South Africa First and the Alexander Fiela Movement.

The representatives had presented their frustrations, feedback from their stakeholders and communities, as well as proposals on how Government should address migration-related concerns.

The committee said it welcomed engagements and feedback from South Africans as Government worked to address the challenges arising from the Constitutional Court judgment.

Deportations to continue

Meanwhile, the IMC reiterated that immigration law enforcement operations would continue while Government pursued legal guidance on implementing the Constitutional Court judgment.

"Our work on enforcing the law will continue; this therefore means deportations will continue," Kubayi said.

The committee said protection under the asylum framework applied to people who had declared an intention to make a first asylum application.

People who were in the country unlawfully and had not sought asylum, as well as those whose asylum claims had been finally rejected following any review or appeal, would continue to be deported as required by law.

Government is seeking a supervisory order from the courts to provide guidance on implementing the judgment and to allow the Department of Home Affairs to strengthen the administrative and operational capacity required to manage asylum applications.

The IMC said it remained committed to keeping the public informed as the legal process unfolded and urged stakeholders to rely on official sources of information and reject misinformation that could create unnecessary panic or division. - SAnews.gov.za