SA Has No Legal Standing to Recover Repatriation Costs, Expert Warns

• International relations expert Kingsley Makhubela weighed in on South Africa's bid to recover $18.5m spent repatriating foreign nationals
• The Department of Home Affairs confirmed it requested reimbursement from Malawi, Nigeria, and Ethiopia after processing tens of thousands of people
• Nigeria says it has not received any formal request, raising questions about how SA plans to pursue the repayment

SOUTH AFRICA — International relations expert Kingsley Makhubela has cast serious doubt on South Africa's ability to recover the $ 18.5 million (R299,031,410) it spent repatriating foreign nationals following the country's recent anti-illegal migration protests.

According to eNCA, the Department of Home Affairs has confirmed that it formally requested reimbursement from Malawi, Nigeria, and Ethiopia after processing tens of thousands of foreign nationals during the repatriation drive. Nigeria, however, denies receiving any such request, adding a diplomatic layer to what Makhubela describes as an already fragile legal position.

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No treaties, no obligation

Makhubela argued that without prior binding international agreements in place, the countries named bear no financial responsibility to compensate South Africa. He stated that repatriation carried out as part of a domestic law enforcement action falls squarely on the shoulders of the country conducting the returns, not the nations whose citizens are being sent back. He further warned that pursuing repayment in the absence of established legal frameworks would prove exceptionally difficult, predicting that the affected nations would not pay a single cent.

A monumental challenge ahead

Makhubela was direct in his assessment, stating that the host nation must bear the full financial burden of deportations and repatriation operations when no pre-existing treaty obligates a third country to contribute. His remarks suggest that even if South Africa escalates its diplomatic efforts, it would have limited recourse without the legal architecture to back its claims.

The Department of Home Affairs has not clarified what formal mechanisms it intends to use to pursue the reimbursements, and Nigeria's denial of receiving any request raises further questions about the process followed.

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BMA intercepts illegal foreign nationals

In a related article, Briefly News reported on the Border Management Authority (BMA) intercepting over 4,000 foreign nationals attempting to enter South Africa illegally amid ongoing enforcement efforts. The situation remains critical as authorities intensify their focus on networks facilitating illegal entry, revealing a persistent challenge for border security in the country.

Source: Briefly News