[SUBMISSION] SERI makes a submission on the Draft Revised White Paper on Citizenship, Immigration and Refugee Protection (20 February 2026).

On 12 February 2026, the Socio-Economic Rights Institute of South Africa (SERI) submitted comments to the Department of Home Affairs on the Draft Revised White Paper on Citizenship, Immigration and Refugee Protection, which the Department published for public consultation in December 2025. In the submission, SERI sets out concerns with the revised draft and offers targeted recommendations to strengthen its constitutional grounding, legal coherence, and social legitimacy.
SERI had previously submitted to the Department on its earlier White Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa (2023). SERI notes and welcomes that in this Draft Revised White Paper, the Department reaffirms its commitment to international law and South Africa’s obligations under international instruments, including the 1951 Refugee Convention and the 1969 OAU Convention.
However, SERI's submission raises concerns about the current draft's insufficient evidentiary support for some claims. We submit that it fails to meaningfully engage with the broader social and legal context in which immigration policy operates. In particular, the revised draft does not refer to the National Action Plan (NAP) to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance, nor does it address the Department’s responsibilities in preventing and responding to xenophobia.
The submission goes on to highlight the urgency of this omission in light of ongoing xenophobic violence and discrimination. Drawing on data from XenoWatch, the submission notes the scale and persistence of xenophobic incidents in South Africa since 1994, including displacement, loss of life, and destruction of livelihoods. The submission further references recent jurisprudence, including the 2025 High Court judgment in Kopanang Africa Against Xenophobia v Operation Dudula, affirming that government departments are responsible for countering xenophobia and preventing private enforcement of immigration law. The judgment underscores that immigration governance cannot be divorced from the State’s constitutional obligations to promote equality, dignity, and social cohesion.
Finally, SERI recommends that the Department amend the Draft Revised White Paper to explicitly acknowledge the NAP and its objectives, reference the relevant High Court judgment and its implications for immigration governance, and commit to aligning the White Paper with South Africa’s constitutional and international human rights obligations. SERI emphasises that immigration policy must not be framed solely as a matter of administrative efficiency but must be developed within a framework that actively combats racism and xenophobia and safeguards the rights of migrants and refugees.
- Download the full submission here.



On 21 November 2025, SERI's Musawenkosi Cabe spoke on a panel entitled, 'On the Right to the Imagination and the Right to the City'. The panel formed part of a day-long event, the Joburg Revival, which was hosted by the Creativity for Social Change Hub and the Moleskine Foundation.