Government Warns Of Criminal Action Against Online Incitement Of Anti-Migrant Violence

The government has warned that people who use social media to incite violence against foreign nationals could face criminal consequences, following recent anti-migrant protests in South Africa, some of which were accompanied by violence and looting.

The Inter-Ministerial Committee (IMC) on Migration issued the warning during a media briefing, expressing concern about the circulation of inflammatory and misleading content amid heightened tensions surrounding migration and asylum applications.

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Justice Minister Mmamoloko Kubayi, who chairs the committee, said the constitutional right to freedom of expression did not protect incitement to violence, intimidation or other criminal conduct.

"Law enforcement agencies are monitoring developments and will act against those who organise or encourage violence, both online and on the ground," Kubayi said.

She stressed that South Africans were entitled to protest peacefully and raise concerns about migration, but said those rights did not extend to intimidating other people or destroying property.

Government Draws Line Between Protest And Criminal Conduct

The committee's warning comes amid tensions over migration and asylum applications. Its statement highlighted the government's concern that inflammatory material circulating online could contribute to division and violence.

Kubayi maintained that peaceful protest and public debate about migration were legitimate, while making clear that unlawful conduct would not be tolerated.

The government did not identify specific social media users or announce particular arrests in the material provided for the briefing. Its warning nevertheless made clear that authorities intended to address incitement both online and through actions on the ground.

Deportations To Continue Amid Legal Guidance Process

The government also reiterated that lawful deportations would continue as authorities seek court guidance on implementing a Constitutional Court ruling concerning asylum applications.

The committee did not provide further details in the supplied briefing about the guidance being sought or how it would affect the implementation of the ruling.

The position places the continuation of lawful deportations alongside the government's response to tensions over migration, with the authorities indicating that enforcement measures would proceed within the applicable legal framework.

Public Urged To Avoid Spreading Inflammatory Content

The IMC called on members of the public to rely on official information and refrain from sharing material that could fuel panic, deepen divisions or encourage violence.

The appeal reflects the committee's concern about the role of misleading and inflammatory online content during periods of heightened tension.

The government reiterated that concerns about migration could be raised through peaceful and lawful means, while warning that using social media or public demonstrations to encourage violence against foreign nationals could attract criminal action.