ActionSA local leader, Dr Mikia Ramothwala with party President, Herman Mashaba.
In a clear and strong message, the South African Police Service (SAPS) has issued a nationwide warning to all communities: do not ask police officers to participate in illegal actions against foreign nationals.
This instruction comes after recent incidents where private individuals and political organizers have demanded that SAPS officers accompany them to identify, threaten, or force foreign nationals to leave their homes or businesses.
For example, in Mopani, ActionSA organizer Dr Mikia Ramothwala reportedly accompanied the police during inspections and raids of farms, timber factories, and other workplaces. These actions were later shared on social media as party successes, highlighting the growing trend of political figures partnering with law enforcement to target undocumented workers.
A new official police document, signed by Lieutenant General MJ Mamotheti, the Divisional Commissioner for Visible Policing and Operations, makes it very clear that any police officer who participates in such joint civilian or political operations is breaking the law.
Police Have a Supporting Role Only
The police document explains the law very clearly. Under South African law, the power to handle immigration issues belongs only to the Department of Home Affairs and the Border Management Authority. They are the only authorities who can legally check someone’s visa, arrest them for immigration violations, or deport them.
SAPS does not have this primary authority on its own.
Police officers play a “supporting role” only. This means they can assist Home Affairs or the Border Management Authority during official operations, but they cannot initiate actions against foreign nationals on behalf of community members or political parties. Crucially, the law gives no authority to ordinary members of the public or political organizers to carry out these checks or demand police assistance for them.
Warning to Police Officers
The new rules strictly limit how police officers interact with community groups. All Divisional and Provincial Police Commissioners across the country have been instructed to ensure every single police officer understands these directives.
Any SAPS member who participates in civilian or political actions targeting foreign nationals will be guilty of conducting unlawful operations and can face formal criminal charges.
Under the operational directive, all SAPS members must:
Refuse to participate in any civilian-arranged action aimed at identifying, threatening, or removing foreign nationals from homes or businesses.
Refer any community leaders, political figures, or private individuals seeking assistance to target foreign nationals directly to the Department of Home Affairs or the Border Management Authority.
Arrest and charge anyone who commits acts of intimidation, assault, property damage, or forced business closures, regardless of their political affiliation.
Report any police officer involved in misconduct or illegal joint raids to their commanding officer and to the Independent Police Investigative Directorate (IPID) for formal investigation.
Protecting Fundamental Rights
The directive emphasizes that SAPS must act strictly within the framework of the South African Constitution. Police officers are obligated to safeguard the rights of all individuals in the country, regardless of their nationality or legal status.
These constitutionally protected rights include equality, human dignity, and freedom of movement. The SAPS Code of Conduct requires all members to uphold these rights at all times.
While the police service respects the constitutional right to peaceful assembly and protest, it will not facilitate gatherings or raids designed to intimidate, evict, or provoke public violence. SAPS management has reiterated that firm action will be taken against lawlessness and anti-foreigner sentiment.
Public Cooperation and Accountability
Police commanders in all provinces have been directed to conduct proactive community engagements, particularly in high-tension “hotspot” areas, to manage public expectations and prevent vigilante action.
While communities and political organizations may voice concerns about illegal immigration, they cannot take law enforcement into their own hands or co-opt police officers for political publicity on social media.
SAPS officers who ignore these directives face serious legal consequences, including internal disciplinary proceedings, civil lawsuits against the state, and criminal prosecution. The message from SAPS leadership is clear: the rule of law must be upheld, and illegal enforcement actions will not be tolerated.