For community leaders across South Africa, the past weeks have brought a heavy weight. Conversations about migration and asylum have stirred uncertainty, speculation and tension in some neighbourhoods, and the messages circulating on phones and social feeds have not always helped. It is against this backdrop that the Inter-Ministerial Committee (IMC) on Migration issued a stern warning on Sunday: anyone using social media to incite violence, intimidate foreign nationals or mobilise unlawful activities will face the consequences of their actions.
The committee raised particular concern about inflammatory and misleading content spreading on digital platforms, material it said could provoke hostility against foreign nationals, public officials and State institutions. For the people who live and work alongside one another in affected communities, the risk is not abstract. Hostile content online can translate into fear and intimidation on the street.
“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,” said IMC Chair Mmamoloko Kubayi. She added a direct reminder to those behind the posts: “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.”
Law enforcement agencies, the committee said, are monitoring developments closely and will act against individuals or groups seeking to encourage, organise, facilitate or commit acts of violence and public disorder, whether online or offline. The warning, published by the South African Government News Agency (https://www.sanews.gov.za/south-africa/government-warns-against-online-incitement-amid-migration-tensions), comes amid heightened public debate over migration and the implications of a Constitutional Court judgment on the processing of asylum applications handed down on 7 July 2026.
That judgment struck down sections of the Refugees Act which allowed immigration officials to deport an asylum seeker who was in the country without a transit visa. A transit visa is issued at a port of entry to allow a person to travel to a refugee reception centre and apply for asylum. The IMC acknowledged that discussions around the ruling had generated uncertainty and heightened tensions in some communities, and it called on members of the public, civil society organisations, community formations and political stakeholders to exercise restraint while the legal processes underway are resolved.
Meanwhile, the committee reiterated that South Africans hold a constitutional right to assemble, demonstrate and present grievances peacefully. That right, it stressed, does not extend to intimidation, looting, malicious damage to property, public violence or the obstruction of 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.
Behind the legal questions are real voices that Government has been hearing directly. The IMC acknowledged engagements with representatives of civil society organisations, including Operation Dudula, March and March, the United Civic Movement, the South African Council of Churches, South Africa First and the Alexander Fiela Movement. Those representatives presented their frustrations, feedback from their stakeholders and communities, and proposals on how Government should address migration-related concerns. The committee said it welcomed such engagements and feedback as it works to address the challenges arising from the judgment.
For people living in the country without papers, the practical message was blunt. Immigration law enforcement operations will continue while Government pursues legal guidance on implementing the ruling. “Our work on enforcing the law will continue; this therefore means deportations will continue,” Kubayi said. Protection under the asylum framework applies to people who have declared an intention to make a first asylum application. Those in the country unlawfully who have not sought asylum, and those whose claims have been finally rejected after any review or appeal, will continue to be deported as required by law.
Government is now seeking a supervisory order from the courts to guide implementation of the judgment and to allow the Department of Home Affairs to strengthen the administrative and operational capacity needed to manage asylum applications. The IMC said it remains committed to keeping the public informed as the legal process unfolds, and urged stakeholders to rely on official sources of information and reject misinformation that could create unnecessary panic or division. Whether calm holds in the affected neighbourhoods in the weeks ahead may depend on how that message travels.