Kubayi Warns People Using Social Media to Incite Violence Against Foreign Nationals

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October 12, 2026

The government has warned that people who use social media to incite violence or intimidate foreign nationals will face the law. The warning came from the Inter-Ministerial Committee (IMC) on Migration on Sunday.

The committee said it was worried about false and angry content spreading on digital platforms. It said such posts could turn people against foreign nationals, public officials and state institutions.

“Freedom of expression is protected by the Constitution; however, the incitement of violence, intimidation, hate speech, and criminal conduct are not protected and will not be tolerated,” IMC chair Mmamoloko Kubayi said.

According to the committee, law enforcement agencies are watching events closely. It said they would act against people or groups who plan or commit violence and public disorder, online or offline.

“Those who use digital platforms to incite criminal conduct should be reminded that such conduct may constitute a criminal offence and will be dealt with in accordance with the law,” Kubayi said.

The warning follows a heated public debate about migration. Much of it is about a Constitutional Court judgment on asylum applications, handed down on 7 July 2026.

In that judgment, the court found parts of the Refugees Act unconstitutional. Those sections allowed immigration officials to deport an asylum seeker who was in the country without a transit visa.

A transit visa is given at a port of entry. It lets a person travel to a refugee reception centre to apply for asylum.

The IMC said talk about the judgment had caused uncertainty, rumours and rising tension in some communities. It asked the public, civil society, community groups and political parties to stay calm while the legal process runs its course.

The committee said South Africans have a constitutional right to gather, protest and raise their complaints peacefully. It said this right does not cover intimidation, looting, damage to property, public violence or blocking lawful activities.

“South Africa remains a constitutional democracy governed by the rule of law. Matters relating to asylum, migration, and border management must be addressed through lawful processes and not through misinformation, intimidation, incitement, or acts of violence,” Kubayi said.

The IMC said it had met representatives of several civil society groups. These included Operation Dudula, March and March, the United Civic Movement and the South African Council of Churches. South Africa First and the Alexander Fiela Movement also took part.

According to the committee, the groups shared their frustrations and feedback from their communities. They also made proposals on how the government should deal with migration concerns. The IMC said it welcomed this feedback.

The committee said immigration law enforcement operations would carry on while the government seeks legal guidance on the judgment. “Our work on enforcing the law will continue; this therefore means deportations will continue,” Kubayi said.

The IMC said asylum protection applies to people who have declared that they want to make a first asylum application. It said people in the country illegally who have not asked for asylum will still be deported. The same applies to people whose asylum claims were finally rejected after any review or appeal.

The government said it is asking the courts for a supervisory order. This would give guidance on carrying out the judgment and allow the Department of Home Affairs to build its capacity to handle asylum applications.

The IMC said it would keep the public informed as the legal process continues. It urged people to rely on official sources and to reject false information that could cause panic or division.

Source: this article is based on reporting by SAnews.gov.za. Image: GCIS via SAnews.gov.za. Written with the help of AI and published by the Tzaneen Voice News desk. See our Editorial Standards.