Undocumented migrants put pressure on SA – but there are ways to manage it

Mail & Guardian

14-05-2025

Xenophobic attacks remind us of what happens when the government fails to deal with citizens' needs.
South Africa stands at a pivotal moment in its democratic journey — a time when it must confront the growing debate around undocumented foreigners with nuance, courage and truth.
What was once a quiet undercurrent in public discourse has become a daily flashpoint in our politics, media, and town hall meetings. The presence of undocumented migrants is now a polarising issue, challenging our legal systems, social cohesion and moral compass.
Yet, amid the loud voices and sensational headlines, the country must ask: what are the real effects of undocumented migration, and how should a just society respond?
South Africa's advanced infrastructure, relatively robust economy and democratic institutions have long made it a destination of choice for migrants escaping war, corruption, famine, and economic collapse in their home countries. From Zimbabwean teachers to Congolese traders and Mozambican labourers, South Africa has become a sanctuary — but not always a welcoming one.
While many migrants enter legally, thousands more slip through borders without documentation. Others arrive on legal visas but overstay because of bureaucratic hurdles in renewing them or seeking asylum. Over time, these individuals become invisible in the eyes of the law, surviving in the shadow economy and vulnerable to abuse, exploitation and scapegoating.
There is no denying that undocumented migration places a burden on public services. Clinics, public schools, housing, and sanitation systems — especially in urban townships — are stretched thin. In areas already grappling with high unemployment and poverty, the perception that foreigners are 'taking jobs' or 'draining resources' has fuelled frustration, resentment and violence.
The tragic waves of xenophobic attacks in 2008, 2015, and as recently as 2021 stand as horrifying reminders of what happens when government failure meets public desperation. Foreign-owned shops have been looted and burned, migrants attacked and killed — often with impunity.
But behind the anger lies a more complex reality. Many undocumented migrants fill labour gaps in sectors that rely heavily on informal or underpaid workers: agriculture, domestic work, construction and hospitality. These are jobs that many South Africans are either unwilling or unequipped to do. Additionally, migrants contribute to the economy by renting housing, purchasing goods and even starting small businesses that create employment for locals.
One of the biggest contributors to the undocumented migration issues is the dysfunction in South Africa's own immigration system. The department of home affairs is plagued by corruption, inefficiency and underfunding. Delays in asylum processing leave thousands in limbo for years, unable to legally work or access services. Border posts lack the infrastructure and personnel to effectively monitor illegal crossings, while internal enforcement is inconsistent and often abusive.
The legal framework itself is outdated and poorly enforced. South Africa's immigration laws fail to distinguish clearly between different types of migrants — refugees, asylum seekers, economic migrants and undocumented entrants. As a result, enforcement is arbitrary, and public discourse is muddled. Politicians, eager to score populist points, often blur these categories deliberately, casting all foreigners as illegal and dangerous.
The lack of regional cooperation also worsens the problem. While South Africa bears a disproportionate burden of migration, efforts to coordinate border control, refugee processing and development aid with neighbouring states remain limited. In this vacuum, South Africa is left to carry a regional problem on its own.
A frequent claim made in the media and by political figures is that undocumented foreigners are driving crime in South Africa. This narrative has led to aggressive police operations like Operation Dudula and targeted raids in foreign-dominated neighbourhoods.
But credible data tells a more restrained story. While some undocumented migrants are involved in illicit activities — such as smuggling or trafficking — there is little evidence to suggest that foreign nationals commit crimes at a higher rate than citizens. In fact, undocumented migrants are more likely to be victims of crime due to their inability to seek police help without risking arrest or deportation.
Still, the lack of proper identification and documentation does present real security risks. It hampers efforts to track criminal networks, manage border security, and ensure public safety. But these problems are not solved by vilifying migrants — they require intelligent policy, investment in systems, and regional diplomacy.
South Africa is a sovereign state with the right — and duty — to regulate its borders. No country can afford an uncontrolled influx of undocumented persons without social and political consequences. But sovereignty must not come at the expense of humanity.
Too often, undocumented foreigners are treated as less than human. They are denied access to justice, exploited by employers, and brutalised by both police and vigilantes. This violates not only international law but also the values enshrined in South Africa's Constitution.
A democratic society must find a balance between enforcement and empathy. It must build systems that distinguish between those who need protection and those who pose threats, and it must invest in humane, efficient, and transparent immigration processes.
To address the issue of undocumented migration, South Africa must move beyond reactive politics and adopt a multi-pronged, pragmatic strategy:
1. Modernise immigration laws: South Africa's legal framework must be updated to reflect the realities of regional migration. Clearer distinctions between migrant categories are essential for fair and effective policy.
2. Fix the home affairs department: Without a functional department, no immigration reform will succeed. Transparency, efficiency, and accountability must be prioritised.
3. Strengthen border management: This means investing in both physical and digital infrastructure and cooperating with neighbouring states to manage flows proactively, not just punitively.
4. Create legal pathways: Allowing for temporary work permits and legal migration channels reduces the incentive to enter illegally and protects the rights of those who contribute to the economy.
5. Address root causes: South Africa must lead in fostering peace, development, and stability across the region, especially in countries like Zimbabwe and Mozambique, where instability drives migration.
The presence of undocumented foreigners in South Africa is not just an immigration issue — it is a mirror reflecting the failures of governance, the fragility of regional solidarity, and the tensions within a deeply unequal society.
To respond with fear and repression is to ignore both our obligations and our potential. To respond with leadership, empathy and clarity is to affirm the promise of the South African dream — a nation built not on exclusion, but on justice, dignity, and hope for all who reside within its borders.
Monwabisi Ncayiyana is a member of the ANC in eThekwini Ward 32 and a former Eastern Cape provincial executive committee member of the South African Students Congress. He writes in his personal capacity.