You have a right to march, but do it responsibly - JCPS Cluster

Monday, May 25, 2026

Justice and Constitutional Development Minister Mmamoloko Kubayi has called on South Africans to bear in mind their responsibility when conducting marches and protests and not to engage in criminal behaviour.

The Minister was speaking during a media briefing of the Justice, Crime Prevention and Security (JCPS) Cluster on Monday in Pretoria.

The briefing followed an engagement with all the security cluster ministers and senior officials responsible for national security in the country, as well as political parties, various groups and associations that have been involved in mass protests and community marches against illegal foreign nationals across the country.

“We emphasised the importance of the marches being peaceful, because marches are protected. People’s right to march is protected by the Constitution, and freedom of speech is protected by the Constitution. We also emphasised the importance of ensuring that these marches remain peaceful.

“But again, others would indicate that they would march, and then they would not notify law enforcement agencies. We explained the risk associated with that. You will understand that when an organisation or an organiser decides to march, they should notify us as a state by saying: ‘We are going to march on this day. We are going to move from this point to this point.’

“Then we put mechanisms in place as the state to secure that march. But when marches are happening without communicating with the state, the organisers actually are [absolving] the state from responsibility. As a result, liability rests with the organisers,” she said.

Kubayi noted that it was impressed upon groups at the meeting that the safety of all citizens, including those who are not participating in any marches, is paramount.

Responding to questions on rumours of countrywide protests against illegal immigration on 30 June, Kubayi reiterated government’s stance.

“I want to emphasise that they have the right to march. They have the right to hold protests. But we are appealing to them to ensure that they are peaceful, and we have appealed to them in the meeting to say: ‘How many people are you expecting at those marches?’ so that, as the state, we can ensure that law enforcement is on the ground.

“As a country, we are not xenophobic, and we don’t believe that South Africans are xenophobic. There are socio-economic issues that we’ve got to deal with and must respond to. Equally, we are appealing to South Africans to know that there are migrants who are in the country legally. We are part of a global society.

“Similarly, we have committed to ensuring that where there are illegal immigrants, law enforcement takes appropriate action in accordance with the law. Those who commit crimes are criminals, irrespective of whether they are South African or non-South African,” she said.

The Minister revealed that Deputy Ministers will now be deployed to ensure visibility on the ground to further “ensure compliance with the current laws”.

“We are expecting them to give us a report on where they've been, what they found, and what is being done. Because citizens want to see practical action from government, although our NATJoints have been involved in a number of operations, whether it’s Operation Shanela or other initiatives,” she said.

Reflecting on the July 2021 unrest, which claimed lives and resulted in billions of rands in infrastructure damage, Kubayi said government has drawn lessons from that incident.

“We can’t allow properties and businesses to be destroyed. We’ve got to protect … lives during those protests. Another lesson is that those who are responsible for criminal acts get arrested.

“Because when  people are killed in those marches, somebody has to be held accountable. Somebody has to be held responsible for that loss of life, because families are going to demand justice,” Kubayi said. – SAnews.gov.za