Vigilantism and xenophobic intimidation have no place in a constitutional democracy

In Gauteng and across South Africa, a troubling narrative and activism is gaining momentum – one that seeks to restrict access to basic public services for non-nationals, often under the guise of protecting resources for citizens.

What began with healthcare is now extending to education, housing and other essential services. This is not just a policy debate – it is a test of values.

The South African Constitution reminds us that our laws are designed to protect human dignity – not to divide it. It guarantees the right to healthcare for “everyone” within South Africa’s borders. The same principle applies to other public services.

These are not privileges – they are rights, grounded in our shared humanity and the rule of law. Recently, the SA Human Rights Commission (SAHRC) reaffirmed the same principle of human dignity under the Constitution, even though its advisory is debated. 

Strained services

Public frustration over strained services is real. Gauteng, which contributes nearly a third of South Africa’s GDP, houses more than a quarter of the population on just 1.5% of the country’s land.

The province is grappling with growing informal settlements, ageing infrastructure, violent crime and soaring youth unemployment. These pressures are compounded by demographic shifts and migration, as highlighted in the first Migration Profile Report compiled by Statistics South Africa and the International Organization for Migration.

The healthcare system, in particular, is under severe strain. The Gauteng Department of Health recently confirmed a budget shortfall of more than R500-million, largely due to unfunded wage agreements and cost containment measures.

Hiring freezes and reduced overtime have led to staff shortages, longer waiting times and increased risk of medical negligence. These challenges affect everyone – citizens and non-citizens alike.

Education access is also under pressure. According to Statistics South Africa, the government spent R8.4-billion on school feeding schemes in 2022/23, a critical lifeline for children facing food insecurity.

Yet overcrowded classrooms, delayed teacher appointments and infrastructure gaps persist – especially in urban and peri-urban areas such as Gauteng. The SAHRC has highlighted that many children, including non-nationals, struggle for access to basic education and essential services such as sanitation and water.

Migrants contribute significantly to SA

Despite these strains, migrants contribute significantly to South Africa’s economy. Research by the African Centre for Cities found that migrant and refugee entrepreneurs play a vital role in the informal economy – serving poorer consumers, introducing new products and creating jobs.

The Migration Profile Report further confirms that migrants contribute to employment, skills development and sustainable development.

These grievances must be addressed. But scapegoating migrants is not the solution – it is a distraction from the urgent work of strengthening systems and improving delivery for all.

This is where the rule of law must guide the way forward.

South Africa must invest in robust and humane border management systems that ensure safe, orderly and regular migration and prevent abuse. Vigilantism and xenophobic intimidation have no place in a constitutional democracy.

Equally, non-nationals must respect the laws of the land, including immigration regulations and public service protocols. Mutual accountability is the cornerstone of peaceful coexistence.

Access for all benefits all

It is imperative to resist the false choice between dignity and delivery. Public services are not a zero-sum game. When all can access care, education and shelter, all benefit. Denying access to one group erodes the integrity of the entire system.

Instead of exclusion, it is crucial to focus on: strengthening service delivery for all; eliminating abuse through lawful and transparent systems; expanding capacity to meet growing demand; and promoting respect for laws and values – by everyone.

This is not about being soft. It is about being smart. And just. And human.

Let us build a South Africa where dignity, social cohesion and shared wellbeing are not just aspirations, but lived realities. Where the rule of law is not weaponised to exclude, but upheld to protect. Where public services are recognised not as privileges, but as public goods.

As the SAHRC reminds us, “when all can access health, all benefit.” Let us lead with compassion, governed by law, and guided by common sense.

The United Nations in South Africa welcomes the recent public stance and actions taken by President Cyril Ramaphosa and relevant authorities to reaffirm constitutional protections and to address the growing agitation against non-nationals.

These steps are vital in restoring trust, upholding the rule of law, and ensuring that lifesaving services are delivered without discrimination. But more must be done.

We urge a sustained, human rights-based approach, one that strengthens systems, protects the vulnerable, and never loses sight of our shared humanity.

Respect for law must never come at the expense of respect for ubuntu.

Published by Daily Maverick: Vigilantism and xenophobia have no place in a constitutional democracy