The Constitution of the Republic of South Africa, 1996 protects the rights of all people in South Africa, including non-nationals. Human rights are applicable to all people, therefore everyone in the country is entitled to human rights by virtue of being human. Section 9 of the Constitution prohibits discrimination against anyone on one or more grounds including amongst others, race, colour, ethnic or social origin and birth. In addition, South Africa is party to international laws and agreements that commit the country to respect and protect the rights of everyone within the country, regardless of where they originally come from.

Globally, migration is on the increase, and South Africa is no exception to this phenomenon. Nationals from the region, the continent, and from around the globe migrate to South Africa for various reasons: economic, social, political, security, and other reasons. Statistics South Africa estimates that there were 2.2 million documented immigrants in South Africa during 2011, making up 4.2% of South Africa’s population.

Protecting and promoting the rights of all non-nationals are integral to the right to equality and human dignity as recognised in South African law. While all basic rights apply equally to non-nationals, some rights apply only to citizens.