“Undocumented Migrants Exploit Asylum Loopholes, Says KZN Police Chief”

by Hope Ngobeni

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KZN Police Overwhelmed as Undocumented Immigrants Exploit Asylum Loopholes – Mkhwanazi Speaks Out

KwaZulu-Natal’s top cop, Lieutenant-General Nhlanhla Mkhwanazi, has raised the alarm over the growing challenge law enforcement faces with undocumented immigrants who exploit South Africa’s asylum system.

In an exclusive interview with SABC News, Mkhwanazi painted a stark picture of how the legal grey area surrounding asylum applications is crippling efforts to prosecute illegal migrants.

The Asylum Application Loophole

According to Mkhwanazi, many undocumented foreigners claim to have applied for asylum through the Department of Home Affairs and are awaiting approvalβ€”a tactic that frequently causes court cases to collapse. β€œThis frustrates our efforts,” he stated, noting how this legal shield leaves police unable to take firm action.

β€œOnce they claim to be asylum seekers, our hands are tied. Even if we suspect criminal activity, the case is often dismissed because we can’t prove the asylum application is invalid.”

Mounting Public Pressure

The issue has intensified public concern, as communities often associate undocumented immigrants with rising crime. Mkhwanazi acknowledged that this perception adds further pressure on already stretched police resources.

β€œThere’s an expectation that we must act, but legally, we’re hitting a wall,” he said.

Repeat Deportees and Overcrowded Cells

To make matters worse, many individuals who are deported find their way back into the province, creating a seemingly endless cycle. Police stations across KwaZulu-Natal are also struggling with overcrowded holding cells, further complicating the situation.

Balancing Law and Human Rights

Despite these challenges, Mkhwanazi reaffirmed the police service’s commitment to upholding the law while respecting the human rights of all individuals.

β€œWe are not at war with foreign nationals. We are simply trying to enforce the law. But it becomes difficult when the system is open to exploitation,” he concluded.

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