The Busisiwe Mkhwebane Foundation has formally called upon the South African Police Service to launch an urgent criminal investigation into an immigration verification operation that took place in Durban between 21 May and 22 May 2026.
This appeal arises from serious concerns regarding potential irregularities and unlawful conduct during an operation that involved officials linked to the eThekwini Municipality, the Department of Home Affairs, and other state agencies. The operation was centered on foreign nationals connected to the Diakona Centre and surrounding areas.
Questions regarding statistical improbability
Public statements made by eThekwini Mayor Cyril Xaba and other officials following the operation claimed that between 300 and 457 foreign nationals were processed and verified within an exceptionally short timeframe. These statements further alleged that only one or two individuals were found to be undocumented.
The Foundation argues that the scale, speed, and statistical improbability of these reported results have sparked significant public concern regarding the truthfulness of the official claims and the overall legality of the operation.
Challenges to verification procedures
According to the Foundation, lawful immigration status verification is a complex and time-consuming process. They maintain that a thorough procedure must include individual interviews, biometric capture, database verification, authentication of asylum or permit documentation, cross-referencing against immigration systems, fraud detection screening, and proper administrative processing, along with checks against the Home Affairs National Identification System and the National Population Register.
The Foundation questions whether such comprehensive procedures could have realistically and lawfully been completed within the timeframe publicly claimed by the authorities.
The Foundation warns that if state officials knowingly misrepresented the outcome of the operation or failed to properly enforce immigration legislation, such actions would undermine constitutional governance, damage public confidence in law enforcement institutions, and threaten the rule of law.
Scope of the requested investigation
As part of their formal request to the police, the Foundation is calling for a comprehensive investigation covering the full operational plan, the identities of all officials involved, the specific verification methods and technologies utilised, audit logs from immigration databases, and records regarding any detentions or releases. Additionally, they have requested an examination of communications between officials and political office bearers, as well as an inquiry into any evidence of interference, suppression, or falsification of records.
To support this investigation, the Foundation has urged for the immediate preservation of critical evidence, including operational logs, CCTV footage, transport records, body-camera footage, electronic communications, and all media recordings related to the operation. The organisation emphasised that the South African public deserves transparency, accountability, and the lawful enforcement of immigration laws.
They noted that their request is not a declaration of guilt against any specific individual, but rather a constitutionally grounded demand for an independent criminal investigation to establish the truth and ensure necessary accountability.