Motsoaledi says he did not give instructions for police to conduct spot checks on foreign nationals

Home Affairs Minister Aaron Motsoaledi says he did not instruct police officers to conduct spot on checks on foreign nationals.

The minister said police officers did not need an instruction from a minister to perform their duty, citing section 41 (1) of the Immigration Act 13 of 2002, which states that:

“(1) When so requested by an immigration officer or a police officer, any person shall identify himself or herself as a citizen, permanent resident or foreigner, and if on reasonable grounds such immigration officer or police officer is not satisfied that such person is entitled to be in the Republic, such person may be interviewed by an immigration officer or a police officer about his or her identity or status, and such immigration officer or police officer may take such person into custody without a warrant, and shall take reasonable steps, as may be prescribed, to assist the person in verifying his or her identity or status, and thereafter, if necessary detain him or her in terms of section 34.

“(2) Any person who assists a person contemplated in subsection (1) to evade the processes contemplated in that subsection, or interferes with such processes, shall be guilty of an offence”.

Responding to media reports claiming he had given an instruction for spot checks to be conducted, Motsoaledi said: “The Act itself gives such an instruction and this has been happening for the past 20 years since 2002.

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“Law enforcement officers have been applying this Act since that period at roadblocks, in factories, agricultural establishments, hospitality industry, trucking industry and anywhere within the borders of the Republic.

“Anybody who is not aware that people have been identified in this manner since the Act was promulgated in 2002 cannot put a blame on me. Therefore, the media headlines and statements that suggest that I have given instructions to the police officers to stop people and ask for their identification is sensational and it tries to create a controversy where none exists. The country is suffering load shedding at the moment and that is enough, we cannot afford journalism shedding too.”

1,022 foreign nationals arrested

In an effort to enforce Immigration laws, the Police in Limpopo arrested one thousand and twenty two (1022) undocumented foreign nationals for contravening the Immigration laws last month.

About 1130 other suspects were arrested for various crimes that included murder, attempted murder, rape and other sexual offences, armed robberies, possession of illicit cigarettes, possession of illegal firearms and ammunition, theft of motor vehicles, possession of suspected stolen properties and dealing in drugs as well as possession and dealing in dagga.

During the arrests, police seized firearms and ammunition, stolen motor vehicles, drugs such as Crystal meth and CAT, grams of dagga, Nyaope, illicit cigarettes and 18 plants of dagga.