The South African Human Rights Commission (SAHRC) has condemned demonstrations and violence targeting undocumented foreign nationals, emphasizing that all individuals must respect South Africa’s laws while warning that those who take the law into their own hands will face consequences.
Commissioner Nomahlubi Khwinana addressed these concerns following a virtual imbizo held by the commission with relevant stakeholders to discuss recent marches against undocumented foreign nationals in the country. The gathering was marked by public fury, with some speakers accusing the commission of being unpatriotic and claiming “there is no xenophobia in this country.”
According to the commission, there are reports of violence, displacement, and threats to the safety, dignity, and rights of individuals and communities within affected provinces.
Khwinana explained that the virtual forum was designed to amplify voices that have not previously been heard, noting that the invitation was extended to all South Africans rather than specific civil organizations or political parties. During the engagement, attendees raised concerns linking illegal migration to crime, human trafficking, rape of children and women, gender-based violence, drug trafficking, and illegal mining.
“Despite disagreements, participants appreciated the opportunity to voice their concerns,” Khwinana stated. “They have asked the commission to educate them more, be more visible, and come to communities so that these conversations can continue.”
Addressing perceptions that the SAHRC is disconnected from communities or unpatriotic, Khwinana clarified that all commissioners are South African citizens, as required by the appointment process. She emphasized that the commission approaches all issues—including socioeconomic rights—through a human rights lens across focal areas including civil and political rights, children’s rights, and justice.
Khwinana referenced recent inquiries, including investigations into water services and municipal governance in the Northern Cape, which have highlighted systemic failures in service delivery and the appointment of officials who may not fully understand their mandates. Under Section 184 of its mandate, the commission is empowered to educate, research, and make recommendations to government, though these recommendations are not legally binding following a recent Constitutional Court judgment.
The commissioner acknowledged the urgency of the situation, noting a looming June 30 deadline and rising tensions across society. Despite the charged atmosphere, Khwinana described the imbizo as successful because participants remained willing to engage respectfully. Issues raised included delayed police responses to crime allegations, porous borders, and citizens taking security matters into their own hands due to perceived government inaction.
“All information collected will be used to determine the way forward,” Khwinana said. “We are engaging with those in authority because I believe many issues can be resolved through communication, discussion, and leveling the playing field.”
On the role of border management, Khwinana noted its pivotal importance in addressing irregular migration. While the SAHRC can make recommendations, she acknowledged that adherence is not automatic, particularly in light of the Constitutional Court’s recent ruling. However, she stressed that the court also affirmed the commission is “not fruitless and must still be listened to.”
The commission’s position remains clear: South Africa’s laws must be respected, and those contravening them must be dealt with according to legal processes. “We are not condoning any criminality,” Khwinana emphasized. “For this situation to be properly addressed, it will take a collective and concerted effort from all stakeholders, from all angles.”
The SAHRC continues to engage stakeholders as discussions around migration, security, and human rights remain at the forefront of national dialogue.
