Balancing Freedom and Responsibility: The Role of Immigrants in South Africa’s Democracy.
South Africa is a nation born out struggle, its liberation achieved through decades of resistance against subjugation. This historical context renders its Constitution, especially the Bill of Rights, a very symbolic and pragmatic instrument. It does not differentiate between citizens and non-citizens on fundamental human rights.[1] Immigrants, including refugees, asylum seekers, permanent residents, and undocumented individuals, possess numerous rights comparable to those of citizens. This includes access to healthcare, fundamental education, protection against discrimination, and the right to dignity.
Deeply ingrained in the constitutional democracy of South Africa is a great promise: the defence of basic human rights and freedoms for all people living inside its borders. Among these rights, the right of movement, expression, association, and dignity are like rays of light guiding the country towards justice and equality. For immigrants, these freedoms provide safety and an opportunity to build a new life anchored in possibilities. However, with freedom comes an equally vital principle—responsibility.
South Africa serves as a refuge for immigrants escaping persecution, destitution, or conflict. It is a locale where individuals can seek economic stability, personal security, and political representation. By enjoying these rights, immigrants significantly enhance the nation's social fabric, diversifying culture, bolstering the economy, and offering novel ideas and skills. Universities across the country are a testament to this statement.
However, the discourse cannot end solely with rights. Freedom must be balanced by responsibility—to the law, communities, and the nation providing refuge.
Immigrants, like citizens, are expected to abide by South African laws. This includes laws governing immigration status, business operations, labour rights, and public order. Failing to do so undermines the legitimacy of the immigration system and can lead to social tensions. South Africa has experienced severe Afrophobia attacks (Afrophobia is a manifestation of distrust and envy towards black foreigners, seen as a threat because they are able to “slip undetected into the black foreign nations)[2], which have tainted the country's image worldwide, and sadly, both perpetrators and victims of xenophobic violence emanate from marginalised or poor communities, with attacks particularly in townships and informal settlements. It has been evident that Inadequate housing and service provision, combined with widespread unemployment, poverty, and crime in these communities, provided fertile grounds for vigilante violence and hostility against immigrants. Recently, In Durban, KwaZulu-Natal and Pretoria in Gauteng.[3] Protesters from these two provinces marched against illegal immigrants asserting that they have become threat to national security. In Pretoria, the protesters marched to the Department of Home Affairs where a senior official received a memorandum of demands which included an urgent request for the department to conduct a thorough investigation into individuals who obtained South African documentation over the past decade, to ensure that all documentation was obtained legally and to identify any potential instances of corruption. Protesters claimed that there is a lack of thorough vetting of foreign employees in the security and trucking business, this leads to breach of labour relations laws and increase levels of crimes within these sectors. Upon the submission of the Memorandum of demands, the minister is expected to respond within fourteen working days.
South Africa has experienced outbreaks of xenophobic violence, often rooted in economic insecurity and social frustration. Immigrants and citizens alike must work to build bridges of understanding, challenge harmful stereotypes, and engage in dialogue that promotes coexistence. This is not only a moral imperative but a strategic one—social cohesion is vital for development and stability. This is one of the objectives behind the initiatives that DDP – Migration, Social cohesion and human rights program sought to champion. The Democracy Development Program (DDP) implemented a Migration Project funded by the European Union from 2020 to 2023. This project aimed to address the challenges and opportunities associated with migration, focusing on enhancing democratic governance and social cohesion in the context of increased migration flows. This program was implemented in five areas, including KwaMashu, KwaMakhutha, Isipingo, Sydenham and Umlazi. Furthermore, this program made significant strides in improving community relationships and reducing conflict in Durban Metro as it focused on fostering socio-economic cooperation between African migrants and their local host communities.
In addition to adhering to legal compliance, immigrants must actively contribute to the communities they live in[4]. This includes learning local languages where feasible, engaging in civic activities, and honouring cultural conventions—while also maintaining the freedom to uphold their own cultural identities.
It is important to recognise that responsibility is not the burden of African immigrants alone. The state, civil society, and citizens must also act responsibly—by creating an enabling environment for immigrants to thrive. This includes fair immigration policies, efficient documentation systems, and strong protection against xenophobic violence and exploitation. Recently the Department of Home Affairs has introduced the new eVisa, This Remote working visa has been introduced under the Visitor’s Visa category in terms of section 11(2) of the Immigration Act 13 of 2002. This means that African foreign nationals wishing to apply for a visitor’s visa must meet certain requirements to apply. Regardless of the nature of their stay in South Africa, these immigrants will also be compelled to comply with the legal system of the country; simultaneously, they shall be protected by the constitution to fully enjoy their freedom. This is one of the most critical steps in enjoying the diversity of immigrants and inculcating a culture of social cohesion within South Africa.
Therefore, it is imperative that government, civil society, business and other community-based organisations spearhead educational initiatives that promote tolerance, local economic development strategies that create opportunities for all, and public platforms for cross-cultural dialogue are critical in building an inclusive South Africa.
Conclusion
Freedom and responsibility are two sides of the same coin. For immigrants in South Africa, the promise of freedom is a profound gift—but one that carries the duty to contribute positively to the society that offers it. In turn, South Africa must uphold the values enshrined in its Constitution by protecting immigrants' rights and fostering an environment of inclusion and justice.
The success of South Africa’s democratic project depends not only on laws and policies but on the everyday choices of all who call it home—citizens and immigrants from all over the globe living in South Africa. Together, through mutual respect and shared responsibility, we can build a nation where freedom truly means belonging for all.
Yolokazi Mfuto is a communications strategist and writes in her personal capacity.
References
https://www.sahrc.org.za/home/21/files/FINAL%20Non-Nationals%20Educational%20Booklet.pdf.
https://ddp.org.za/projects/the-migration-project
[1] https://www.sahrc.org.za/home/21/files/FINAL%20Non-Nationals%20Educational%20Booklet.pdf
[2] Prof Tshaka https://www.unisa.ac.za/sites/corporate/default/News-&-Media/Articles/Afrophobia-versus-xenophobia-in-South-Africa
[3] https://www.iol.co.za/news/protesters-demand-action-against-illegal-immigration-in-south-africas-security-sector-92428f66-b0ad-4878-bc88-bd7a95cdff47
[4]https://www.iom.int/sites/g/files/tmzbdl486/files/jahia/webdav/shared/shared/mainsite/activities/facilitating/mi_compendium_ver_feb2010.pdf
