Motsoaledi sets the record straight on spot checks done on foreign nationals

Motsoaledi says that media headlines that suggest he gave instructions to police officers to stop and ask people about their identification status are “sensational” and trying to create controversy where there is none.

He says that section 41 (1) of the Immigration Act of 13 2002, empowers law enforcement authorities to ascertain one’s legal status. 

“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,” he quoted from the relevant legislation. 

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“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,” he noted. 

Motsaoaledi says this act was promulgated in 2002 and he, therefore, cannot be blamed for it. 

He added, as a parting shot: “The country is suffering load shedding now and that is enough, we cannot afford journalism shedding too.”