Eastern Cape police have been placed on high alert following protests against a Constitutional Court ruling on asylum applications, with demonstrators gathering outside the department of home affairs’ refugee reception office in Gqeberha on Friday.
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Nelson Mandela Bay groups and concerned residents protested outside Home Affairs offices against the the department's new refugee applications directives following the Constitutional Court ruling.
Eastern Cape police have been placed on high alert following protests against a Constitutional Court ruling on asylum applications, with demonstrators gathering outside the department of home affairs’ refugee reception office in Gqeberha on Friday.
The protest in Buys Street, Sydenham, was among several reported across the country, as civic movements voiced concerns that the ruling could make it easier for foreign nationals to apply for asylum.
Provincial police commissioner Lt-Gen Vuyisile Ncata instructed all district commissioners to remain on high alert following earlier incidents linked to the unrest.
The demonstration in Gqeberha came after home affairs director-general Livhuwani Tommy Makhode withdrew a directive issued on September 28, which instructed refugee reception offices to process asylum applications immediately.
In a statement issued on Friday morning, the department said it would embark on a fresh process to determine the appropriate approach to implementing the Constitutional Court order.
Makhode’s directive had sought to give effect to a ruling handed down by the court on July 7.
Among other things, the judgment confirmed that procedural requirements, including a lack of documentation, should not prevent asylum seekers from being accepted as refugees.
The court also noted that some asylum seekers were fleeing conflict and persecution.
Makhode cited an overwhelming number of applications, risks to officials and emerging threats to public safety and order as reasons for withdrawing the directive.
The Herald encountered scores of foreign nationals leaving the Gqeberha refugee reception office on Friday morning without having their applications processed.
They declined to comment, though one Somali national said officials had asked them to leave.
Outside the office, protesters could be heard demanding that foreign nationals leave SA.
Mayibuye Civic Movement president Tukela Zumani said the group had been camping outside the office since Thursday to raise concerns about the court ruling.
He said the movement was alarmed by what he described as hundreds, if not thousands, of “military-aged men” allegedly seeking asylum under false pretences.
Zumani argued that accepting asylum applications could leave applicants in the country for extended periods while awaiting final decisions, placing further pressure on an already strained home affairs system.
“The reason that is problematic is that once that asylum seeking application is accepted by the department, those people are viewed as asylum seekers up until a [final] decision is made," he said.
"Home affairs does not have capacity to process those applications."
He said lengthy processing times could allow applicants to become established in local communities before their cases were finalised.
“By the time the [final] decision is made, they would have thoroughly integrated into our community, and we will then be talking about a different story,” Zumani said.
He also raised concerns about businesses employing undocumented foreign nationals instead of South Africans, arguing that the practice was contributing to frustration in local communities.
“They have been employing undocumented foreign nationals over South Africans because they will accept anything offered as remuneration for their labour.
"That is an issue that has caused frustrations in our communities.
"This crisis of immigration is not confined only to Africans,” he said.
Sandile Rwexwana, a member of the Vukuzenzele Civic & Development Movement and Mayibuye Civic Movement, said the judgment could be exploited by foreign nationals whose visas had expired.
He acknowledged that asylum seekers had to be considered for protection but argued that the system was vulnerable to abuse.
“We understand that before you can exclude a refugee and an asylum seeker you must be able to include that person.
"But we are saying 'we see the abuse of our system',” Rwexwana said.
He alleged that some people who had entered SA for reasons other than seeking asylum were attempting to change their status after their documents expired.
“Already our system has been abused by asylum seekers and illegal foreigners who came here to seek greener pastures,” he said.
Rwexwana said SA’s high unemployment rate and limited resources made the issue particularly concerning, adding that he believed undocumented foreign nationals were being favoured over local job seekers.
“If government is allowing these people to abuse our system even more, that would mean lesser chances for South African people to get jobs,” he said.
He said the two civic movements had begun visiting companies suspected of employing undocumented foreign nationals in the Bay.
“We take our people's CVs with us to ensure they take out those illegal foreign nationals and replace them with South Africans,” he said, adding that the initiative had started about two weeks ago.
Police spokesperson Brigadier Nobuntu Gantana said Buys Street had been cordoned off in preparation for a planned march, but the demonstration did not proceed after Makhode withdrew the directive.
“The public is thanked for its co-operation,” she said.
Gantana said about 40 people had gathered at the Gqeberha home affairs office on September 25 to hand over a memorandum.
Public order police officers engaged with the group’s leaders and instructed them not to block the entrance and to move 100m away.
When the group failed to comply, officers gave them five minutes to move before using stun grenades to disperse the crowd and restore access.
The situation subsequently calmed, with no injuries or arrests reported. Public order police remained at the scene to monitor developments.
Gantana also confirmed a reported incident at the KuGompo City home affairs office on Thursday, saying police managed the crowd without incident.
No injuries, arrests or cases of property damage were reported.
She said police stations, specialised units and operational teams across the province had been placed on standby and were ready to respond to threats to public order and safety.
“Overall, the Eastern Cape remains calm, with no incidents reported in other districts.
"Our members continue to monitor identified hotspots, major routes, ports of entry, home affairs offices, shopping centres, government buildings and other strategic points,” she said.
Gantana said the SA Police Service respected citizens’ constitutional right to protest peacefully but warned that unlawful conduct would not be tolerated.
“Acts of criminality, including blocking of roads, looting, damage to property, intimidation of the public, and attacks on police officers, will be met with firm and decisive action.
"Those who commit crimes will be arrested and face the full might of the law."
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