Key Takeaways
- The anti‑immigration group “March and March” is preparing legal action if the KwaZulu‑Natal government does not relocate over 300 refugees who have been camped on Che Guevara Road in Durban for more than three months.
- Premier Thami Ntuli confirmed the refugees are scheduled to be moved to the Lindela Repatriation Centre in Gauteng on Tuesday, pending final verification and transport logistics.
- March and March conducted a cleanup of the road on 3 September and gave the eThekwini Municipality a seven‑day ultimatum to act; the group now plans to file court papers should the government renege on its commitment.
- The movement’s legal arm, the SA First Forum, intends to use litigation as a last resort but argues a high trust deficit warrants a stronger approach to hold the state accountable.
- The Forum is also pushing for legislative changes, including restricting Road Accident Fund claims to South Africans and permanent residents, and is monitoring immigration‑detention cases for possible amicus curiae involvement.
Background on the Refugee Occupation
More than 300 refugees had been living outside the Department of Home Affairs’ Refugee Reception Centre on Che Guevara Road for over three months, creating a visible encampment on the pavement and part of the roadway. The occupants cited delays in processing their asylum claims and a lack of alternative shelter as reasons for staying put. Their prolonged presence drew attention from both humanitarian observers and local activist groups, highlighting the strain on Durban’s municipal infrastructure and the challenges faced by newcomers seeking protection in South Africa.
March and March’s Cleanup Initiative
On 3 September, members of March and March organised a cleanup campaign along Che Guevara Road, removing litter and debris left by the refugee encampment. The group stated that the action was meant to underscore the unlawful nature of the occupation, arguing that the refugees were violating municipal bylaws by occupying public space without permission. By cleaning the area, March and March aimed to demonstrate civic responsibility while simultaneously pressuring authorities to address the underlying issue of the refugees’ continued presence.
Government’s Relocation Commitment
Premier Thami Ntuli visited the camp on Friday and announced that the refugees would be relocated to the Lindela Repatriation Centre in Krugersdorp, Gauteng, on Tuesday. He explained that the move had been brought forward after discussions with Home Affairs and other provincial departments. Ntuli noted that the remaining work involved finalising transport arrangements, completing verification of refugees’ documentation, and ensuring that logistical preparations were in place for a smooth transfer.
Verification and Transport Preparations
Home Affairs officials had been conducting verification of the refugees’ identities and asylum claims, with only a small number of families still awaiting processing. A final verification report was expected before transport to Lindela could be concluded. The provincial government emphasized that the relocation would be carried out in an orderly manner, with buses arranged to move the refugees from Durban to Gauteng, and that all necessary health and safety protocols would be observed during the transfer.
Legal Threat and Ultimatum
Despite the Premier’s assurance, March and March spokesperson Sandile Dube warned that the group would approach the courts if the government failed to honour its commitment to remove the refugees from the pavement and road. The movement had given the eThekwini Municipality seven days to respond to its demand for action, a deadline that passed without a formal reply. Dube stated that March and March’s lawyers had been briefed to prepare application papers should the municipality not respond within the 14‑day period stipulated in the group’s letter dated 4 September 2026.
SA First Forum’s Legal Strategy
The SA First Forum, established as the legal arm of March and March, said it would treat litigation as a last resort but argued that the current trust deficit between the state and citizens necessitated a more assertive stance. The Forum claimed to have 21 legal practitioners ready to pursue cases affecting communities, and it is actively seeking amendments to several pieces of legislation. Among its priorities are changes to the Road Accident Fund Act to limit eligibility to South Africans and permanent residents, and reforms concerning immigration enforcement and the treatment of asylum seekers.
Broader Legislative and Advocacy Goals
Beyond the Che Guevara Road issue, the Forum is monitoring recent court judgments on immigration detention and asylum seekers, considering applications to be admitted as amicus curiae in relevant proceedings. It also pointed to the extradition of six Nigerian nationals to the United States as evidence of weaknesses in South Africa’s border control and immigration law enforcement. Dube emphasized that the Forum’s broader objective is to use the law to hold the government accountable and ensure that ordinary citizens can access justice when state actions fall short of constitutional obligations.
Conclusion and Outlook
The situation on Che Guevara Road encapsulates a tense intersection of humanitarian concerns, municipal bylaws, and political accountability. While the provincial government has pledged a swift relocation to Lindela, March and March remains prepared to litigate should those promises not be fulfilled. The outcome will likely influence how South African authorities manage informal refugee encampments and could set precedents for the balance between compassionate treatment of asylum seekers and enforcement of public‑space regulations. Meanwhile, the SA First Forum’s push for legislative reform signals a longer‑term campaign to reshape immigration policy and strengthen legal mechanisms for civic oversight.