Amid ongoing calls to deport undocumented foreigners in certain parts of South Africa, it is important to remember that not everyone crossing the country's borders is a voluntary migrant. Many are refugees or asylum seekers who have fled wars, persecution, political violence, or other serious threats to their lives and freedom, and they are protected by both international and South African law.
South Africa is a signatory to the 1951 UN Refugee Convention, its 1967 Protocol, and the 1969 Organization of African Unity Refugee Convention. These obligations are integrated into domestic law through the Refugee Act, which defines the criteria for obtaining protection and the rights available to these individuals.
The UN High Commissioner for Refugees (UNHCR) distinguishes between migrants and refugees primarily based on the reasons for their departure. Migrants generally move voluntarily, often for work, education, or family reasons, and can safely return home if they wish. Refugees, however, are forced to leave their countries due to persecution, armed conflict, violence, or events that seriously disrupt public order. Unlike migrants, returning home could endanger their life or freedom. An asylum seeker is a person who has applied for refugee status whose case has not yet been processed.
According to the Department of Home Affairs, an individual seeking protection must apply for asylum at the Refugee Reception Office. While the application is being considered, the applicant receives temporary asylum seeker permission under Section 22, which legalizes their stay in South Africa. If the application is successfully processed, they are granted recognized refugee status according to a Section 24 permit.
Even while asylum seekers await a final decision on their applications, they are guaranteed a number of important legal protections. According to UNHCR South Africa, applicants have the right to legally remain in South Africa during the processing period, to renew their permit while an appeal or review is pending, and to be protected from unlawful arrest, detention, or deportation. They can enjoy constitutional rights available to all in South Africa, with the exception of rights reserved exclusively for citizens, such as the right to vote. However, asylum seekers do not receive automatic work permits. Following amendments to the Refugee Act, they must submit a request for approval allowing them to work during the asylum application process. This permit is assessed individually and may include special conditions.
After obtaining refugee status, recognized refugees possess broader legal guarantees. UNHCR indicates that recognized refugees can legally reside in South Africa, apply for a refugee identity document and a refugee travel document, seek employment, study, and access public services, provided general legal requirements are met. Furthermore, after fulfilling the requirements set out in the Refugee Act, recognized refugees may apply for permanent residency.
It is important to note that the legal protection afforded to refugees and asylum seekers does not exempt them from complying with South African laws. UNHCR emphasizes that they are obliged to abide by the country's laws, maintain the validity of their permits, notify authorities of any change of address, and carry all documentation. Failure to comply with these rules may result in legal consequences, and refugee status can be revoked in cases provided for by law.
The South African Human Rights Commission previously highlighted that the Constitution protects the right to healthcare for 'all', including refugees and asylum seekers. The Commission stated that South Africa's constitutional obligations, alongside international refugee law, require state health facilities to provide equal access to healthcare regardless of nationality or refugee status. South Africa continues to host one of the largest populations of refugees and asylum seekers in the region, many of whom have fled conflicts and instability in African countries. According to UNHCR, these individuals often face difficulties such as documentation delays, xenophobia, and barriers to accessing services.
An expat living outside of South Africa has spoken about the emotional side of moving from the country. This experience goes beyond simply packing things, booking tickets, and starting a new chapter.
For many South Africans moving abroad, saying goodbye to home is one of the most difficult parts of the entire journey. Videos where South Africans share their immigration experiences are increasingly appearing on social media, and one thought keeps repeating: no matter how exciting the new adventure seems, leaving home involves difficulties.
Instagram creator Yumna Dee recently spoke openly about her experience moving to Dubai, sharing the emotional reality of leaving everything familiar behind. She admitted: 'I just cried at O.R. Tambo International Airport,' she said. Anyone who stood in that airport saying goodbye to family, friends, or a familiar life will understand this feeling, as it is accompanied by a mix of excitement, fear, sadness, and many thoughts all at once.
Yumna explained that even after seven years of living abroad, she still feels connected to two worlds. She shared that 'nothing will ever feel like home. And at the same time, once you leave a place, you feel that your horizon has expanded so much that it's not easy to go back.'
This is the strangeness of becoming an expat from South Africa: you can build a wonderful life elsewhere while still carrying a part of your home with you. Dee also refuted the idea that life abroad is automatically better. She stated: 'I will never hate South Africa.' She added that she knows many people who might think that 'the grass is greener' in South Africa, but that is not true.
This reflects the reality of South Africans living abroad: every country has its positives and problems. Getting a new passport does not magically erase homesickness, missed family events, or the little things that make South Africa a home. Despite loving the life built outside of South Africa, she constantly misses her country. This is a characteristic of South Africans: you can travel, move, and build a new life around the world, but this connection to South Africa somehow never truly leaves a person.
Despite growing anti-immigrant sentiment and ongoing protests, Somali shop owners in Du Noon are choosing to remain in South Africa, fearing a resurgence of xenophobic violence similar to that seen five years ago.
Despite unbearable conditions, Somali migrants prefer to stay in South Africa rather than return to their homeland. Amir Sheikh, chairman of the African Diaspora Forum (ADF), noted that many Somalis choose to remain in South Africa, regardless of protests against illegal immigration.
These statements came amid thousands of undocumented immigrants leaving the country following protests calling for foreigners to leave South Africa. Recently, South Africa has experienced public unrest, large anti-immigrant demonstrations, and strong government actions initiated by President Cyril Ramaphosa and Minister of Police Dr. Leon Schreber.
Activist groups such as March and March have set a deadline of 'June 30th' for all undocumented foreigners to leave. This has led to increased regional tension, reports of 'door-to-door' intimidation, and local conflicts in areas like Olivewood and the Overberg region in the Western Cape.
As thousands of foreigners are concerned about rising violence, they are either seeking asylum or deciding to leave these areas. Governments of neighboring African countries, including Malawi, Mozambique, Ghana, and Nigeria, have taken active measures, organizing buses and charter flights to evacuate their citizens. However, the ADF, a coalition of migrant groups representing about 70,000 migrants in the country, stated that Somali migrants are unlikely to return home, even with the departure of many undocumented immigrants from South Africa.
Sheikh explained that the situation for Somali migrants differs from that in neighboring countries because returning to Somalia is not a realistic option due to ongoing political turmoil and conflict. He emphasized that the circumstances faced by Somalis differ from those of people from neighboring states, as returning to Somalia does not seem a viable choice. Sheikh stated: 'Even if the situation is unbearable, we would prefer to stay here in South Africa than to go back home,' describing Somalis as a peaceful community that trusts South African law enforcement and welcomes the deployment of security forces during recent demonstrations.
Sheikh added that Somali business owners closed their shops if they knew protest marches were passing through places like Mayfair in Johannesburg to avoid clashes. He noted: 'We will make sure that businesses are actually closed on that day,' and called for protesters to freely exercise their democratic constitutional rights while law enforcement maintains order.
Human rights organizations warn that Somalia is heading towards greater political instability. Critics strongly oppose the government's planned electoral system reforms for 2026, believing they favor the incumbent president. If this deadlock continues, it could lead to increased violence. Internal conflicts among political leaders divert attention from key issues, such as the fight against Al-Shabaab—a highly resilient terrorist group and insurgent movement operating as a visible affiliate of 'Al-Qaeda'. Furthermore, this stalemate could cause a withdrawal of support from international sponsors of Somalia, weakening the stability of the federal government.
