South Africa will not pay compensation to foreign nationals who leave the country and abandon property, Minister in the Presidency Khumbudzo Ntshavheni has said, amid heightened tensions over migration.
Addressing journalists in Pretoria on Thursday, Ntshavheni said all legally registered property remains protected under South African law and can be sold by the owners or their appointed agents. She rejected calls for the government to reimburse foreigners for houses, businesses, or land left behind.
“Foreigners fleeing South Africa will not be compensated for properties left behind,” she stated. “All registered property remains legally protected and can be sold. The government will not buy back private assets.”
Rising Migration Tensions
The statement comes as South Africa faces renewed anti-foreigner sentiment in parts of Gauteng and KwaZulu-Natal, with some communities blaming foreign nationals for unemployment and crime. Several foreign-owned shops have been looted in recent weeks, and embassies of Zimbabwe, Nigeria, and Malawi have confirmed an uptick in voluntary repatriation requests.
Calls had grown from some diaspora groups for Pretoria to set up a compensation scheme for those who feel forced to leave due to safety fears, arguing that the state has a duty to protect both people and property.
Ntshavheni pushed back, saying the Constitution protects property rights for all, regardless of nationality, but does not obligate the state to purchase assets when owners relocate. “The law allows you to sell. It does not require the taxpayer to buy,” she said.
Reaction Across the Continent
The minister’s remarks sparked immediate debate. Critics, including the Africa Diaspora Forum, called the position “insensitive” and said it ignores the reality that many foreigners leave under duress and cannot safely return to dispose of assets.
“You can’t sell a house if the community has threatened to burn it,” said ADF spokesperson Dr. Vusumuzi Sibanda. “Government must do more than quote the law. It must guarantee security.”
Supporters, including the Institute of Race Relations, backed the minister’s stance as “legally sound,” arguing that compensation would set an “unworkable precedent” and drain public funds.
On social media, the hashtag #NoCompensation trended in South Africa, while #ProtectForeigners trended in Zimbabwe and Nigeria.
What the Law Says
Section 25 of South Africa’s Constitution protects against arbitrary deprivation of property and provides for compensation only when property is expropriated by the state for public purposes. Legal analysts say voluntary departure does not trigger a compensation clause.
Foreign owners can appoint power of attorney, use estate agents, or sell remotely. However, conveyancing experts note that distressed sales often fetch below market value, especially in areas hit by xenophobic violence.
Regional Implications
The Department of International Relations and Cooperation said it had briefed SADC ambassadors on the policy. Malawi’s Ministry of Foreign Affairs said it was “studying the statement” and would engage Pretoria to ensure citizens’ assets are safeguarded.
Analysts say the announcement marks a defining moment in South Africa’s migration policy, signaling a harder line on state obligations to non-citizens amid domestic pressure over jobs and service delivery.
The Ministry of Home Affairs reiterated that all foreign nationals in South Africa legally are “entitled to protection by law enforcement” and urged victims of crime to report to police.