South African authorities have blamed the spread of misleading information about asylum legislation for renewed anti-migrant violence in Johannesburg and Durban, where businesses were looted and vehicles set alight on Thursday.
The unrest, reported on 8 October, highlights the intersection of immigration enforcement, economic insecurity and public misunderstanding of the country’s asylum system, as tensions between local communities and foreign nationals continue to test social cohesion.
In Durban, a Reuters reporter observed five vehicles that had been set alight in the city centre, alongside reports of looting at foreign-owned shops. Police said at least 14 vehicles had been burned, while a guesthouse and a warehouse were partially damaged by fire.
In Soweto, Johannesburg, a Reuters reporter witnessed people carrying groceries from a shop they identified as belonging to a Somali national, who they said had been chased away. Police subsequently dispersed the crowd. Lieutenant General Puleng Dimpane, a senior police official, said 10 vehicles had been burned in Soweto and that the situation was under control.
Government spokesperson William Baloyi attributed the unrest to the misrepresentation of a Constitutional Court judgment delivered in July. The ruling concerned access to the asylum system for people whose entry into South Africa or compliance with immigration procedures did not meet prescribed requirements.
In Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others, the Constitutional Court confirmed that procedural failures could not automatically prevent asylum seekers from having their claims assessed on their merits. The judgment invalidated provisions of the Refugees Act that imposed such barriers, finding them constitutionally unsound.
The ruling does not automatically confer refugee status, permanent residence or unrestricted legal rights on undocumented foreign nationals. Rather, it protects access to the process through which asylum claims are assessed. The distinction has become central to the public debate surrounding the judgment. The South African government has acknowledged the court’s authority while emphasising the need for an orderly immigration system.
Baloyi said authorities were concerned about the violence and the circulation of information that misrepresented the legal position. Police have pledged to identify those responsible for arson, looting and other offences, with arrests to follow where sufficient evidence exists.
The latest incidents follow months of anti-migrant demonstrations across South Africa. Some have escalated into violence, prompting foreign nationals to leave the country and drawing criticism from other African countries and international observers.
The tensions are unfolding against a difficult economic backdrop. South Africa continues to experience high unemployment and deep inequality, while many communities face pressure on housing, public services and access to economic opportunities. Migrants have frequently been accused of taking jobs, contributing to crime and placing additional demands on public resources. However, social scientists have challenged broad claims that foreign nationals are responsible for these problems, which have complex structural causes.
As Africa’s largest economy, South Africa remains an important destination for people seeking employment, safety and commercial opportunities elsewhere on the continent. Migration also reflects longstanding regional connections, including cross-border trade, family networks and differences in economic opportunity.
The challenge for authorities is to enforce immigration law, address public concerns and protect the rights and safety of all residents without allowing misinformation or collective blame to legitimise violence. The latest unrest illustrates how disputes over legal procedures can become flashpoints in a broader debate about economic insecurity, belonging and the responsibilities of the state.
