KwaZulu-Natal Police Commissioner Leuitenant-General Nhlanhla Mkhwanazi has warned members of the public against threatening foreign nationals, saying civilians do not have the authority to verify people’s documentation status.
This comes after marchers in KZN held a march in what they called cleaning up the Durban CBD on Tuesday which saw many foreign owned shops being closed from Tuesday and Wednesday.
In a statement released by KZN SAPS Spolesperson Colonel Robert Netshiunda
said police are reminding those who stage protests, plan, organise and or participate in marches that they must do so within the perimeters of the law.
“Police have manned several marches in Durban and other parts of the province which are mainly targeted on foreign nationals. There are also video clips circulating on social media showing acts of lawlessness during certain marches.
“As much as it is a constitutional right to march, the rights of those marching must never infringe the rights of those who are not. No civilian has the right to search a fellow civilian and request or demand any form of identification. Only law enforcement officers are authorised to stop, search, and request individuals to produce documentations that permit them to be in the country,” he said.
Netshiunda said the police have also noted that several shops, owned by both South Africans and foreign nationals, have remained closed following threats of violence from certain individuals who were part of a march.
“Police wish to remind residents that intimidation can constitute a criminal offence and people must refrain from threatening others. Assaulting another person, whether a foreign national or not, is a criminal offence and police will not standby and watch when the law is being broken. Public Order Police officers will continue to monitor marches, ensuring that the is stability, law and order.
“The management of police in KwaZulu-Natal will have a meeting with the organisers of the marches soon in order to have a common understanding and provide assistance and clarity where needed. It is illegal for a foreigner to be in the country without proper documentation, however, only mandated law enforcement officers can arrest undocumented foreign nationals and detain them pending deportation processes,” he said.
He further said anyone who has information about illegal activities, whether committed by locals or foreign nationals, must tip-off the police so that the information can be operationalised.
“Doing the right things the wrong way, such as taking the law into someone’s hands, can lead to unintended consequences of being in conflict with the law,” he warned.
Earlier on Wednesday,.Mkhwanazi made the same remarks while speaking to Newzroom Afrika amid rising tensions involving groups targeting alleged undocumented foreigners.
He emphasized that only law enforcement officials are permitted to check identification and immigration status.
“They cannot just go and threaten foreigners without knowing whether they are documented or not,” he said.
The commissioner also confirmed that police he will meet with leaders of the March and March movement to address the situation and prevent further conflict.