In Conversation With Innocent Moloi- Paralegal

Loading player...
South Africa is once again at the centre of intense legal and political debate around undocumented migration, statelessness, xenophobia, and the limits of citizen-led activism.

Over recent weeks, growing anti-illegal immigration protests linked to movements such as Operation Dudula and “March and March” have reignited national tensions around undocumented foreign nationals, border control, crime, unemployment, and pressure on public services.

At the same time, legal experts and human rights organisations are warning that parts of the debate risk crossing into unlawful vigilantism, discrimination, and violations of constitutional and international law protections for migrants, refugees, asylum seekers, and stateless persons.

The controversy has intensified following a landmark 2025 Johannesburg High Court ruling involving Operation Dudula, where the court made it clear that private citizens do not have the legal authority to demand identity documents, conduct immigration enforcement, or prevent access to schools and healthcare facilities.

The judgment reinforced that immigration enforcement powers belong exclusively to authorised state officials such as the Department of Home Affairs and SAPS.

However, despite the ruling, anti-illegal immigration demonstrations and citizen-led mobilisation have continued growing in several provinces, fuelled by public frustration over crime, unemployment, hijacked buildings, human trafficking, and perceptions that government has failed to enforce immigration laws effectively.

The debate has also brought renewed attention to the issue of statelessness — a legal condition where individuals are not recognised as citizens by any country, leaving them without documentation, legal protection, or access to many basic rights.

Legal advocates warn that stateless people, undocumented migrants, asylum seekers, and refugees are often incorrectly grouped together in public discourse despite having very different legal statuses under South African and international law.

South Africa’s Constitution guarantees fundamental rights to “everyone” within the country in many instances, including dignity, access to courts, and certain socio-economic protections, regardless of nationality. At the same time, the state also has a constitutional and legal obligation to enforce immigration laws, regulate borders, and address unlawful entry into the country.
27 May English South Africa Entertainment News · Music Interviews

Other recent episodes

IN CONVERSATION WITH PROJECTS CEO, LUCKY MBOKODO

South Africa continues to face significant challenges relating to youth unemployment, unequal access to technology, and disparities in educational opportunities between urban and rural communities. Many learners in underserved areas still lack access to reliable internet connectivity, digital learning tools, and modern educational infrastructure, placing them at a disadvantage in…
22 Jul 7 min

IN CONVERSATION WITH MIKE WATERS

Gauteng faces the possibility of a taxi strike amid growing tensions between the provincial taxi industry and the Gauteng MEC for Roads and Logistics, Kedibone Diale-Tlabela. The potential strike has raised concerns about disruptions to public transport and the broader economic impact, given that millions of commuters in Gauteng rely…
22 Jul 3 min

IN CONVERSATION WITH DENIKA PETZER

Millions of people around the world take vitamin and mineral supplements daily to support their health and address potential nutritional deficiencies. However, growing attention is being paid not only to the nutrients contained in supplements but also to the form in which those nutrients are delivered and how effectively the…
22 Jul 10 min

IN CONVERSATION WITH INNOCENT MOLOI

The Asset Forfeiture Unit of the National Prosecuting Authority has secured a final forfeiture order in the Johannesburg High Court for assets worth approximately R326 million linked to businessman Hangwani Maumela and his associates, who are accused of benefiting from corruption involving tenders at Tembisa Hospital. According to the NPA,…
22 Jul 9 min

IN CONVERSATION WITH EVERT DU PLESSIS

The Montrose Mega City housing project in Rand West City was launched in 2017 as a flagship R11 billion developments aimed at helping to address Gauteng’s housing backlog and provide affordable housing opportunities to residents. The project was intended to form part of the province’s broader strategy to tackle housing…
22 Jul 6 min