The South African Police Service has warned against vigilantism after Nkosikhona Ndabandaba viral video giving foreigners a June 30 deadline to leave the country.
Image: Gemini AI
A video circulating online showing actor and Amabutho (Zulu regiments) leader Nkosikhona Phakel'umthakathi Ndabandaba calling for foreign nationals to leave South Africa has sparked concerns of xenophobia, prompting responses from constitutional experts and the South African Police Service.
"What are you doing here because we have been calling for you to leave the country?
"Don't listen to the government, don't listen to the police. Don't listen to anyone. Just listen to us," he told the man.
In the same video, a Ugandan man who ran away after spotting Ndabandaba before was brought back and questioned about his presence in the country.
"I ran because I was scared.... I cook food," the man said when he was asked what he was doing in South Africa.
The anti-immigration activist responded by telling the man that what he was doing was illegal and unconstitutional.
"As you were running, you were running to Uganda? You can't leave your country to cook food here. It's not right. Constitutionally, you cannot do that. The Constitution doesn't allow that. Only South Africans can do that. Please, go home.”
However, constitutional expert Professor Willene Holness told IOL that this was not factual.
She said the incident reflects a xenophobic stance. "It is a deplorable situation of xenophobic harassment and intimidation of foreign nationals, asking them to vacate the country or face reprisals."
She further added that "the narrative in the clip is an undisguised effort at harassing and dehumanising foreign nationals and clearly inspired fear for personal safety in the foreign nationals targeted."
Holness also rejected claims made in the video regarding employment in the food sector.
"Foreign nationals may, if they have a valid work permit and meet relevant regulations of the industry, work in the food industry. The Constitution protects workers' rights to freedom of trade and profession."
The video forms part of a broader controversy involving the March and March movement, whose leader Jacinta Ngobese defended their street protests.
"We're free to fight in whichever way that we fight as individuals, but as a collective, we are marching the streets," she told IOL.
She added: "People must deport themselves if they know they're in the country illegally.
"I think he's just trying to motivate them to kind of take onus upon themselves instead of waiting to be caught by authorities."
The controversy has drawn a response from the South African Police Service (SAPS), which cautioned against individuals or groups attempting to enforce immigration actions themselves.
"No person or group has the authority to order foreign nationals to leave the country."
They further warned that such conduct could amount to intimidation. "We will not tolerate any form of vigilantism or harassment of foreign nationals."
Political analyst Goodenough Mashego questioned the legality and implications of the conduct.
"He doesn't have the right to do that because there are authorities that deal with immigration.
"And I think he's buoyed largely by the action of social media, which, as all social media can be misleading, that those are not real people, they won't be there for him."
Mashego also warned that legal consequences could arise depending on interpretation of intent.
"Suppose he gets arrested for incitement because he can call for them and give them a deadline as long as he's not inciting violence, he's not committed a crime."
He further stressed accountability and clarity of representation.
"I think a bigger picture here should be; it will be important for him when he comes out to say exactly who does he represents when he's making these utterances."