Illegal immigration, local government, and the politics of denial
4 May 2026
In recent weeks, South Africans have been reminded of something that many already know from experience: issues like security, law enforcement and undocumented activity are not abstract debates. They are part of daily life in our communities.
From the march and the nationwide mobilization led by the March Movement, to the deeper issue surrounding the kidnapping of Mazwi Mpumelelo Kubeka, these moments have brought a burning issue to the surface. Mazwi's safe return, prompted by sustained pressure and intervention from community leaders, including ActionSA president Herman Mashaba, brought relief to the country. But some deep things also came to light from this.
There is a growing sense among ordinary South Africans that the rule of law is not being enforced consistently and, in some areas, not at all. As we move towards local government elections on 4 November 2026, the issue of illegal immigration has once again taken center stage. But often, the debate is framed in a way that creates more confusion than clarity.
On the one hand, you have those who insist that municipalities have nothing to do with immigration, that this is entirely a national issue. On the other hand, there are voices that local government should directly address immigration challenges.
Both arguments miss the real issue.
Yes, immigration policy things like border control, documentation and deportation are tightly linked to the national government. Municipalities do not decide who enters or stays in the country.
But governance does not work in neat structures, nor are there consequences when things go wrong.
Local government is where the rubber meets the road. Municipalities are responsible for enforcing by-laws, regulating land use, issuing business licenses, maintaining public health standards, and maintaining order in communities. They are not regulating immigration status, but they are responsible for enforcing the rules that control how people live and work and often uncover illegal activity, including undocumented presence in that location.
When a business operates without a permit, when a building is overcrowded and unsafe, when informal trading occurs outside the law, or when health and safety standards are ignored, these are not abstract immigration questions. These are failures of governance at the local level.
Through enforcement of bylaws, municipalities uncover non-compliance. And when undocumented persons are identified in that process, the case is referred to national authorities.
This is not a theory. That's really how law enforcement works. Throughout the country, including Tshwane, municipal police regularly conduct compliance drives. These actions often result in the arrest of undocumented individuals, not because municipalities control immigration policy, but because they are enforcing the law within their jurisdiction.
To say that local government has nothing to do with it is not constitutional clarity. This is political convenience.
At the same time, we need to approach this issue responsibly.
When communities raise concerns about undocumented immigration, they often react to visible failures in governance – illegal spaza shops, hijacked buildings, RDP houses owned by illegal aliens, unregulated trade, and a widespread sense that the rules are no longer being enforced.
Dismissing these concerns outright only increases frustration and reduces trust in the government, but we also cannot allow negotiations to be reduced to scapegoating or simple answers. Leadership requires clarity, not noise. This requires a commitment to impartial and consistent enforcement of the law.
We need coordination across all sectors of government. The national government must do its job – strengthening border management, fixing documentation systems, and properly enforcing immigration laws.
At the same time, municipalities must step up where they have the authority – enforcing bylaws, ensuring compliance, and maintaining order in communities without fear or favour.
It's not about moving beyond roles. It's about using the strengths that are already there.
You don't need a by-law on immigration to enforce the law. You enforce compliance and illegality reveals itself.
As South Africans head to the November 4 elections, the real question is not whether municipalities control immigration policy. The question is whether the party elected to lead the local government has the political and administrative will to enforce laws where it actually has power.
Because restoring order is not about slogans or technical arguments. It is about ensuring that the rule of law is visible, consistent and real in people's everyday lives.
And this responsibility does not lie with just one sector of the government. It belongs to all of them.
Issued by Funzi Ngobeni, ActionSA Gauteng Provincial Chair, 5 May 2026