An analysis of the South African legal framework applicable to the arrest and detention of immigrants due to their illegal status

Abstract

The word ‘immigration’ is derived from the word ‘immigrant’ and denotes the act of a foreign national person entering a country to attain permanent residence.1 The correlative term ‘emigration’ denotes the act of such persons leaving their former or home country.2 Despite these clear terms, there are unfortunately, some South Africans who use derogatory terms such as ‘amakwerekwere’ towards immigrants to indicate ‘other’, and they do so frequently.3 Persons who use these terms in reference to foreign nationals usually do so irrespective of the person’s actual legal status in the country.