PETITION TO THE MINISTER OF HOME AFFAIRS, THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA, AND THE NATIONAL ASSEMBLY

Subject: Urgent Call for Government Intervention Regarding Immigration Compliance, Public Safety, and Bilateral Relations

We, the undersigned members of Progressive Forces of South Africa representing concerned citizens of the Republic of South Africa, hereby submit this petition to call for urgent and lawful intervention by the executive and legislative arms of government regarding matters relating to immigration compliance, public safety, and the management of international relations, particularly concerning Nigerian nationals residing within the Republic.

This petition is grounded in the Constitution of the Republic of South Africa, 1996, which guarantees the rule of law, equality before the law (Section 9), and the protection of national sovereignty alongside human dignity, freedom, and security (Sections 10, 12, and 198). We submit that these constitutional imperatives require the State to act decisively, fairly, and within the bounds of legality when addressing concerns affecting social cohesion and national stability.

1. Investigation into the Alleged “King” Declaration in the Eastern Cape

We call upon the Department of Home Affairs to conduct a thorough and transparent investigation into the Nigerian national who allegedly declared himself a “king” in the Eastern Cape. This matter raises serious legal and governance concerns, particularly regarding:

* Compliance with the Immigration Act 13 of 2002, which regulates the admission and residence of foreign nationals;
* Possible violations of the Traditional and Khoi-San Leadership Act 3 of 2019, which governs the recognition of traditional leadership structures in South Africa.

Should it be determined that the individual in question is unlawfully present in the Republic, we request that the provisions of Sections 32 and 34 of the Immigration Act be enforced, including lawful detention and deportation. 

2. Comprehensive Audit of Immigration Status and Economic Participation

We respectfully request a national audit, conducted within the framework of the law, to assess the legal status and activities of Nigerian nationals residing in South Africa. This audit should be guided by:

* The Immigration Act 13 of 2002;
* The Refugees Act 130 of 1998;
* The Citizenship Act 88 of 1995;
* The Employment Services Act 4 of 2014.

The audit should address the following:

* Verification of citizenship acquisition processes to ensure compliance with legal requirements;
* Assessment of employment within South African institutions, ensuring adherence to Section 22 of the Constitution (freedom of trade, occupation, and profession) balanced with labour market protections;
* Evaluation of business operations for compliance with municipal by-laws, tax obligations under the Tax Administration Act 28 of 2011, and registration requirements under the Companies Act 71 of 2008;
* Investigation of religious and non-profit institutions in accordance with the Nonprofit Organisations Act 71 of 1997 and other applicable regulatory frameworks.

We emphasize that such an audit must be conducted without discrimination and in full compliance with Section 9 of the Constitution, ensuring that no individual is targeted solely on the basis of nationality.

3. Review of Diplomatic Representation and Embassy Functionality

We request that the Department of International Relations and Cooperation (DIRCO) undertake a formal review of the operational effectiveness of the Nigerian Embassy in South Africa. This review should be guided by the Vienna Convention on Diplomatic Relations (1961), which outlines the roles and responsibilities of diplomatic missions.

Should it be found that the embassy is failing to cooperate in addressing transnational crime or community tensions, appropriate diplomatic measures should be considered. Even though internationl laws may hinder the process, as a civic movement speaking on behalf of many South Africans are of the view that the Nigerian Embassy should be closed permanently. 

4. Review of Bilateral Agreements Between South Africa and Nigeria

We call for a parliamentary review of bilateral agreements between South Africa and Nigeria, particularly those relating to trade, investment, and migration. This review should assess:

* Whether such agreements align with Section 231 of the Constitution, which governs international agreements;
* The extent to which these agreements benefit South African citizens and contribute to economic development;
* Compliance with regional obligations under the African Continental Free Trade Area (AfCFTA) Agreement.

We further request transparency and public participation in the review process, in line with Section 59 of the Constitution, which mandates the National Assembly to facilitate public involvement in legislative processes.

5. Request for Transparency on the “Chidimma” Case

We request that the Department of Home Affairs provide a detailed public report on the matter commonly referred to as the “Chidimma saga,” including:

* The legal proceedings involving the individual’s mother;
* The current status and whereabouts of the individual concerned;
* Any enforcement actions taken under applicable laws.

This request is made in accordance with the Promotion of Access to Information Act 2 of 2000 (PAIA), which affirms the public’s right to access information held by the State.

6. Inclusion of Civic Participation in Governance Processes

We further submit that the growing sense of political fatigue among South African citizens necessitates greater inclusion of civic organizations in governance processes. Section 195 of the Constitution emphasizes democratic values and principles, including transparency, accountability, and public participation in public administration.

We therefore request the establishment of structured bodies where civil society organizations can engage with government departments on matters of immigration, public safety, and social cohesion. The structures set up after the national dialogue is not sufficient. 

Conclusion

This petition is not a call for exclusion or discrimination but for lawful, transparent, and accountable governance. South Africa is a constitutional democracy founded on human dignity, equality, and freedom. These values must guide all actions taken by the State.

We urge the relevant authorities to act within the framework of the law to address the concerns raised herein, thereby safeguarding both national stability and the rights of all who reside within the Republic.

Bibliography

1. Constitution of the Republic of South Africa, 1996.
2. Immigration Act 13 of 2002.
3. Refugees Act 130 of 1998.
4. South African Citizenship Act 88 of 1995.
5. Employment Services Act 4 of 2014.
6. Companies Act 71 of 2008.
7. Tax Administration Act 28 of 2011.
8. Nonprofit Organisations Act 71 of 1997.
9. Traditional and Khoi-San Leadership Act 3 of 2019.
10. Promotion of Access to Information Act 2 of 2000.
11. Vienna Convention on Diplomatic Relations, 1961.
12. African Continental Free Trade Area (AfCFTA) Agreement.
13. Department of Home Affairs Annual Reports (various years).
14. South African Human Rights Commission Reports on Migration and Social Cohesion.
15. Parliamentary Monitoring Group Reports on Home Affairs and International Relations.

Submitted by:
Progressive Forces of South Africa 
2 April 2026