South Africa demands reimbursement from African states for migrant repatriation costs

The South African government has spent 292 million rand on the process of repatriating foreign citizens as part of a five-stage plan presented by President Cyril Ramaphosa to combat illegal migration. Consequently, the Department of Home Affairs is now seeking reimbursement for these costs from Malawi, Nigeria, and Ethiopia.

The Director-General of the Department of Home Affairs, Tommy Makhode, informed the Portfolio Committee on Home Affairs on Tuesday that the department has sent requests to the governments of Malawi, as well as to the embassies of Nigeria and Ethiopia through the Department of International Relations and Cooperation (Dirco), demanding compensation for the expenses.

He specified that the department awaits responses from the respective governments. These expenditures occurred following a sharp escalation of migration problems in South Africa, which followed Ramaphosa's address to the nation on June 7, where he announced a comprehensive five-point approach to migration management.

The plan was approved by Cabinet on June 3 and aims to strengthen compliance with immigration legislation, ensure border security, reinforce the immigration system, eliminate gaps in migration laws and policies, and foster cooperation with other African states.

Ramaphosa stated that the government will intensify the identification and deportation of undocumented foreigners with the support of specialized immigration courts, while simultaneously increasing employer checks and strengthening border control.

Protests and Humanitarian Situation

The government's response to migration issues took place against a backdrop of growing anti-immigration protests, including demonstrations organized by March and March 30. These actions were accompanied by calls for the expulsion of undocumented migrants from the country, and clashes with police and violence occurred in some areas. Thousands of foreign nationals have already left areas where they feared for their safety.

Makhode informed the members of parliament that foreigners began gathering in various locations, including Sherwood Park in Durban, as pressure around migration intensified. He noted that by the end of June, the situation had become unbearable both in terms of numbers and in terms of the resulting humanitarian emergency.

He explained that these locations were not official state facilities but were managed by non-governmental organizations and the business community, while state officials checked documents to facilitate either deportation or repatriation.

Subsequently, the government established a Temporary Repatriation Centre in Musina, Limpopo, after the Interdepartmental Committee on Migration ordered the creation of such an institution to manage the growing number of people. Makhode reported that the centre was designed to accommodate up to 20,000 people, although its occupancy peaked at around 1,005 people and has since decreased.

By the end of the working day on August 6, the Department of Home Affairs processed 82,875 people within the processes of repatriation and deportation. Makhode emphasized that this figure includes both repatriates and individuals who underwent the deportation procedure. The highest number was processed during the peak period—4,850 people—after which the number significantly decreased.

He added that the data from Musina does not reflect all processed individuals, as some foreigners went through the procedure in other locations and proceeded directly to entry points.

Operation Costing 292 Million Rand

Makhode characterized the repatriation operation as an 'unfunded mandate' for the Department of Home Affairs and other involved government departments. He explained that the Department of Home Affairs did not budget for this operation, and repatriation was not provided for in its legislative framework.

Of the total amount of 292 million rand, transport constituted the largest expense item. Furthermore, the Department of Public Works and Infrastructure spent 48 million rand on the establishment and operation of the temporary repatriation centre. The cities of Ekurhuleni and Cape Town also provided transport assistance, and the Department of Home Affairs reimbursed Ekurhuleni for the costs.

Makhode reported that the Department of Home Affairs was initially allocated 60 million rand, but the scale of the operation proved unforeseen. The department submitted a memorandum to Cabinet regarding unexpected and unavoidable expenses and also sought the reallocation of funds.

The current fiscal year budget for deportations in Lindela was 257 million rand, but Makhode predicted an overrun of this amount due to the increased volume of deportations. Therefore, the department appealed to the Minister of Finance for the reallocation of certain budget items.

Processing 82,875 People

Makhode clarified that in the previous fiscal year, 44,607 people were deported through Lindela, and in the current fiscal year, 16,078 people between April 20 and July 28. The largest groups consisted of citizens from Zimbabwe, Mozambique, and Malawi. In the last fiscal year, 13,479 Zimbabwean citizens and 12,354 Mozambican citizens were deported; in the current fiscal year, these figures were 4,095 and 4,034, respectively.

Lesotho registered 3,495 deportations in the previous fiscal year and 931 in the current one. The department also recorded deportations of citizens from countries such as Somalia, Bangladesh, Benin, Botswana, Cameroon, Rwanda, the United Kingdom, Vietnam, Algeria, Brazil, Thailand, and Liberia.

Specialized Courts Handle Thousands of Cases

As part of the government's migration strategy, specialized immigration courts were also established to expedite case reviews. Makhode reported that 28,737 cases were concluded through these courts. Gauteng recorded the highest number of cases, followed by KwaZulu-Natal with 4,973 cases, Western Cape with 3,334 cases, and Eastern Cape with 2,019 cases.

In Ekurhuleni, the Chief Magistrate established seven specialized courts between July 1 and July 9. One court operated virtually, maintaining a link with Sherwood, while six operated from Central Durban. During this period, the courts concluded 2,173 cases.

The government is also working to expand the capacity of specialized courts at O.R. Tambo International Airport and Lindela so that immigration cases can be processed 'faster and more efficiently.'

Over 20,000 Declared Undesirable

The department also reported that in the previous fiscal year, 63,090 foreign nationals were declared undesirable, compared to 20,340 in the current fiscal year. Makhode explained that these declarations related to cases where foreigners exceeded the permitted stay in South Africa. He noted that exceeding the period by 30 days results in a one-year ban, and longer periods can lead to bans of two to five years.

The department is also engaged in deportations in accordance with Section 34 of the Immigration Act and undesirable declarations according to Section 30. Makhode assured that the government's approach remains based on the Constitution, human rights, and international obligations. He stressed that the government will not tolerate violence, intimidation, racism, xenophobia, or blocking foreigners' access to clinics, hospitals, schools, and other public services.

The government also stated that the migration strategy must take into account regional factors contributing to migration. Makhode informed the members of parliament that poverty, instability, and limited opportunities in countries of origin will continue to drive migration if these issues are not resolved. He noted that South Africa will use its chairmanship in SADC to raise these issues with regional countries.

The Home Affairs department has incurred expenses totaling R292 million for the repatriation of foreign nationals and is now seeking repayment from Malawi, Nigeria, and Ethiopia for the costs associated with these operations.

These expenditures occurred since President Cyril Ramaphosa introduced his five-point strategy to combat illegal migration. Home Affairs Director-General Tommy Makhode informed the Portfolio Committee on Home Affairs on Tuesday that the department formally requested reimbursement from the Malawian government and the Nigerian and Ethiopian embassies via the Department of International Relations and Cooperation (Dirco).

Makhode confirmed that the department is currently awaiting replies from the relevant governments regarding the requested reimbursement. This significant spending follows a sharp increase in migration tensions within South Africa after Ramaphosa addressed the nation on June 7, outlining a comprehensive five-point plan for migration management.

This plan, which received Cabinet approval on June 3, aims to reinforce immigration laws, secure national borders, strengthen the immigration system, close loopholes in existing policies, and foster cooperation with other African nations. Ramaphosa stated that the government intends to intensify the identification and removal of undocumented foreigners, supported by specialized immigration courts, alongside boosting employer inspections and enhancing border security.

The government's reaction to migration challenges took place amid rising anti-immigration demonstrations, including events organized by March and March on June 30. These protests demanded that undocumented migrants leave the country, leading to instances of violence and confrontations with police, prompting thousands of foreign nationals to relocate from unsafe areas.

Makhode noted that as migration pressures grew, foreign nationals began gathering at various locations, such as Sherwood Park in Durban. He observed that by the end of June, the situation had become unsustainable both in terms of sheer numbers and the resulting humanitarian crisis. He clarified that these assembly points were not official government sites but were managed by NGOs and local businesses, while government personnel verified documents to aid in either deportation or repatriation.

Subsequently, the Inter-Ministerial Committee on Migration mandated the creation of the Temporary Repatriation Processing Centre in Musina, Limpopo. This facility was designed to handle up to 20,000 individuals, though its peak occupancy reached approximately 1,005 before declining. As of August 6, Home Affairs had processed 82,875 individuals through repatriation and deportation procedures, a figure encompassing both repatriated and deported persons.

Makhode emphasized that the Musina statistics do not account for all processed individuals, as some were handled at different locations and traveled directly to ports of entry. He characterized the R292 million operation as an 'unfunded mandate' for Home Affairs and other participating government bodies, stating that the department had not budgeted for it, nor was repatriation covered in its legislative framework.

The largest portion of the R292 million expenditure was allocated to transportation. Furthermore, the Department of Public Works and Infrastructure spent R48 million to establish and run the temporary repatriation center. Assistance with transport was also provided by the City of eThekwini and the City of Cape Town, with Home Affairs compensating eThekwini for its contributions. Initially, Home Affairs had only been allocated R60 million, failing to anticipate the scope of the operation, and the department submitted a Cabinet memorandum detailing this unexpected and unavoidable spending while also requesting fund reprioritization.

Regarding deportations, 44,607 people were deported through Lindela in the prior fiscal year, and 16,078 were deported between April 20 and July 28 of the current year. Malawi, Zimbabwe, and Mozambique represented the largest groups. In the last fiscal year, 13,479 Zimbabweans and 12,354 Mozambicans were deported; current figures stand at 4,095 for Zimbabwe and 4,034 for Mozambique. Lesotho accounted for 3,495 deportations previously and 931 in the current year. Deportations also involved nationals from Somalia, Bangladesh, Benin, Botswana, Cameroon, Rwanda, the United Kingdom, Vietnam, Algeria, Brazil, Thailand, and Liberia.

The government's response also involved setting up dedicated immigration courts to expedite case processing. Makhode reported that 28,737 cases were finalized through these dedicated courts. Gauteng led in case numbers, followed by KwaZulu-Natal with 4,973. The Western Cape recorded 3,334 cases, and the Eastern Cape had 2,019. In eThekwini, the Chief Magistrate established seven dedicated courts between June 1 and July 9, with six operating from Durban Central and one virtually linked to Sherwood, finalizing 2,173 cases during that time. Efforts are underway to expand dedicated court capacity at OR Tambo International Airport and Lindela to process immigration matters 'faster and quicker.'

Additionally, the department reported that 63,090 foreign nationals were declared undesirable in the previous fiscal year, compared to 20,340 in the current year. These declarations included individuals who exceeded their authorized stay in South Africa. An overstay of 30 days results in a one-year ban, while longer stays can lead to bans ranging from two to five years. The government maintains that its actions adhere to the Constitution, human rights, and international commitments, and will not permit violence, racism, xenophobia, or denial of public services like clinics and hospitals to foreign nationals.

The author argues that migration is a problem for all nations, not exclusively a crisis for South Africa. He uses the African proverb: 'When the roof leaks in one house, the rain wets the whole village,' to describe migration as a phenomenon affecting all borders, cities, and countries on the continent and globally.

Accusing South Africa of migration difficulties is viewed by the author as an evasion of examining the true causes of migration. The problem faces all governments—from the Mediterranean to the US-Mexico border, from the Persian Gulf to Europe, from Nairobi to Lagos and Johannesburg—regarding entry control, documentation, and the protection of both citizens and arrivals.

South Africa accepts the largest number of migrants in Africa, which is linked to the fact that after 1994, the country opened its doors to the world, creating an economy, constitution, and institutions that, despite flaws, provide shelter, employment, education, and healthcare. For many people, South Africa becomes a destination.

The author calls for an honest examination of why public outcry on this issue is so strong in one place and so quiet in others. In some parts of North Africa, migration routes are accompanied by horrors documented by IOM, the UN, and international media, including the detention of migrants, human trafficking, beatings, and exploitation, as well as mass expulsions of sub-Saharan Africans into the desert without food or water.

In some Persian Gulf countries, African workers face the 'kafala' system, passport confiscation, and conditions similar to modern slavery. The author emphasizes that this does not justify criminal acts and vigilantism in South Africa, noting that the government firmly condemns such actions and law enforcement agencies are working to apprehend those responsible.

The author criticizes the continent's silence on this discussion, pointing out that when South Africans voice legitimate concerns about crime and strain on social services, the continent responds by labeling it 'Afrophobia' or 'Xenophobia'—terms that have become associated only with South Africa. This, according to the author, is an evasion of responsibility.

South Africa cannot single-handedly bear the weight of the continent's push factors. Responsibility lies with all nations of the world, which must create favorable socio-economic conditions at home—providing jobs, security, governance, and opportunities to reduce illegal migration. If prosperity does not develop where people are born, they will endlessly pursue it at borders.

However, the author acknowledges the challenges faced by host countries like South Africa: overcrowded public clinics, schools, and long housing waiting lists, as well as resource depletion for integrating foreigners. South Africa is likely one of the few African countries that assists undocumented migrants by providing them with services in public hospitals, educating their children, and offering legal protection.

South Africans raise legitimate questions about crimes committed by undocumented migrants that are untraceable and put pressure on communities and services. However, when these concerns are voiced, they are quickly labeled 'xenophobic,' whereas similar phenomena in some of their own countries receive different names, such as 'security operations,' 'urban renewal,' or 'illegal aliens.' The author insists that this is not division, but an expression of democracy—the people's demand to their government.

In 2015, the African Union adopted a resolution to hold a continental conference on migration, which has yet to take place, confirming that this is a continental, not a country-specific, problem. The resolution clearly stated that migration must be managed jointly, with dignity and order. This dialogue occurs too infrequently, and countries remain in cycles of mutual accusation. Key obstacles include documentation, border management, data exchange, job creation, and law enforcement, and they cannot be solved by pointing to one country.

Thus, migration is the rain that falls on us all. We must stop arguing about whose roof is leaking and work together to fix it, because migration is not just a South African problem, but a global challenge requiring a global and African response.