Let me begin by expressing my appreciation to the Kgalema Motlanthe Foundation, its Patron, President Kgalema Motlanthe, and Sis Gugu Motlanthe for the invitation. I also apologise for arriving late. I had to remain in Cabinet to secure the approval of four pieces of legislation, and I could not leave before that process was concluded.
I have been asked to participate in this session in my capacity as Chairperson of the Inter-Ministerial Committee (IMC) on Migration, as Co-Chair of the Justice, Crime Prevention and Security (JCPS) Cluster, and as Minister of Justice and Constitutional Development.
I want to begin with the foundation upon which our work rests.
Our work is grounded firmly in the Constitution of the Republic of South Africa. As a constitutional democracy, the values of the Constitution guide everything we do. The Constitution balances rights with responsibilities, but above all it is a human rights document. It places an obligation on all of us to respect, protect and uphold human rights.
At the same time, it affirms that the Constitution is the supreme law of our country and that South Africa is founded on the rule of law. Our responsibility is therefore to protect both human rights and public safety.
One of the founding principles of our constitutional order is the safety and security of everyone within the borders of the Republic. That principle lies at the heart of the work undertaken by the Inter-Ministerial Committee on Migration.
Our approach is informed by the Constitution, our domestic legislation and policies, as well as the international agreements and obligations that South Africa has undertaken.
Since the advent of democracy, migration has been part of our national reality. South Africa has welcomed people from across the world, and I want to emphasise this point clearly:
South Africa welcomes people, and we will continue to welcome people.
Despite the headlines and public perceptions, the reality is that our country remains open to those who come here legally.
Government’s responsibility is therefore to distinguish clearly between legal migration, which we welcome, and illegal migration, which we must manage.
When we recently visited the Beitbridge Border Post, we examined the daily statistics of people leaving and entering South Africa.
On one particular day, approximately 13,000 Malawian nationals departed South Africa, while around 8,000 entered on the same day.
I hear people laughing, but there is an important distinction.
Those leaving were being deported because they were in the country illegally.
Those arriving entered through official border posts with valid passports and documentation.
There is nothing wrong with that.
They entered lawfully, and they are entitled to be here under the law.
That illustrates the point we continue to make:
Our borders remain open to those who comply with South African law.
The challenge we face concerns illegal migration—not legal migration.
Those who enter South Africa legally, present valid travel documents and comply with the conditions of entry are welcome, and the law requires us to admit them.
I emphasise this because there is often misunderstanding about government’s position.
Through our deportation programme alone, more than 60,000 undocumented migrants have already been removed from the country. Updated national figures will soon be released once data from across the provinces has been consolidated.
It is important that government’s position is properly understood.
Yes, South Africa faces migration challenges.
However, the activities currently taking place in some communities are neither supported nor funded by the state.
Government is committed to enforcing the rule of law.
That includes taking action against individuals who unlawfully assume law enforcement functions by harassing people, demanding documentation or taking the law into their own hands.
Some South Africans criticise us for this position, suggesting that government is siding with foreign nationals.
That is simply not true.
We are not taking sides.
We are defending the rule of law.
There can be no country without laws.
Once citizens begin enforcing the law themselves, society descends into chaos.
Our message is therefore clear.
Those who are in South Africa must ensure they are here legally.
Equally, everyone within our borders—whether South African or foreign national—must obey the law.
The rule of law applies equally to everyone.
The work of the IMC has allowed us to examine these issues more deeply.
Only last night, we met with the metropolitan municipalities in Gauteng to ensure that government speaks with one voice and that there is consistency in how migration issues are managed.
We have also sought to understand why communities have become increasingly frustrated.
Many South Africans are deeply concerned about crime, unemployment and broader social challenges.
Some time ago, I referred to concerns about infiltration and even attempts at regime destabilisation.
My point was simply that government must always address the root causes of problems.
Where societies experience deep social challenges, they become vulnerable to exploitation by opportunistic forces.
That is why we must tackle crime.
We must strengthen our criminal justice system.
The Madlanga Commission is assisting us in rooting out corruption and wrongdoing within that system so that confidence in law enforcement can be restored.
Those who commit crimes must be arrested, prosecuted and face the full consequences of the law.
We are also addressing the issue of hijacked buildings, which undermine public safety and contribute to criminality.
At the same time, we have been assessing our border infrastructure.
Some people argue that South Africa should simply close its borders.
The reality is more complex.
Many neighbouring countries have highly porous borders where movement takes place with minimal control.
South Africans, however, have consistently told government that if migration is to be properly managed, then border management must be strengthened.
For that reason, government is implementing a three-year programme to rebuild and modernise South Africa’s border infrastructure.
Preliminary estimates indicate that this programme will require an investment of approximately R10 billion.
This is not simply about constructing border fences.
It includes modern technology, improved border roads, upgraded infrastructure and enhanced surveillance systems.
The objective extends beyond migration management.
It is equally about combating illicit activities, including vehicle theft, cross-border crime, smuggling, illicit tobacco, illegal alcohol and other forms of organised criminal activity.
Government is therefore responding comprehensively to these challenges.
At the same time, we recognise that migration has unfortunately become highly politicised.
This is a local government election year.
Our assessment is that migration will remain a prominent political issue until November because some political actors have chosen to use it for electoral purposes.
That is an unfortunate consequence of South Africa’s electoral cycle.
Unlike many countries that hold elections every five years, South Africa experiences elections at different levels every two years.
Political parties naturally seek issues around which to mobilise support.
Migration has become one of those issues.
However, the work of the Inter-Ministerial Committee extends well beyond the elections.
The President has instructed us to develop long-term solutions that will endure beyond this administration.
We have established dedicated workstreams addressing legislation, policy, enforcement and institutional reform.
Our objective is to address weaknesses that have accumulated over many years and resolve them comprehensively.
One of the difficult questions we are now confronting concerns refugees and asylum seekers.
South Africa has chosen not to establish refugee camps.
At the same time, refugees generally do not qualify for social grants.
Many people argue that refugees should not operate small businesses or compete for certain jobs.
The practical question then becomes:
How are refugees and asylum seekers expected to survive?
Most refugees fleeing conflict will not possess scarce or specialised skills.
They require entry-level employment.
Government therefore has to consider how to regulate employment opportunities in ways that uphold both humanitarian obligations and the legitimate concerns of South Africans.
These are difficult policy questions, but they cannot be avoided.
As I conclude, I want to emphasise one issue above all others.
South Africa urgently needs a national social dialogue on migration.
Government can strengthen border management.
Government can improve infrastructure.
Government can enhance law enforcement.
But unless we engage honestly with South Africans about migration—why people move, why countries need migrants and what kind of society we wish to build—we will not resolve this challenge.
Migration is not unique to South Africa.
No country can exist in complete isolation.
Sometimes people ask why there should even be borders within Africa, arguing that these are colonial boundaries.
Ironically, while we debate African unity, we continue investing in stronger border infrastructure.
That contradiction requires honest discussion.
We also need to confront questions of identity.
Whenever I participate in international forums, people frequently assume I am Kenyan because they believe I resemble them.
These experiences remind us how interconnected Africans truly are.
They should encourage deeper conversations about our shared identity and our common future.
South Africans also ask why government seeks to fast-track critical skills from abroad.
My response is that we need a broader national conversation about the South Africa we want to build.
There is no country that can thrive in complete isolation.
South African companies operate across Africa.
South Africans work throughout the continent.
If we argue that only South Africans should work in South Africa, should other African countries adopt the same approach towards South Africans?
That would neither be sustainable nor compatible with the Africa envisaged under Agenda 2063.
The conversation we need is therefore not only about migration.
It is about the kind of South Africa we want and the kind of Africa we seek to build together.
Thank you very much.
***
Mamoloko Kubayi is the Minister of Justice and Constitutional Development and Chairperson of the Inter-Ministerial Committee on Migration