As the Durban High Court prepares to decide tomorrow whether to finalise the interim interdict against the March and March movement, the Foundation for Rights of Expression and Equality (Free SA) warns that the escalating violence in KwaZulu-Natal is a direct result of a collapsed state apparatus and a failure to uphold the rule of law.
While Free SA remains a staunch defender of the constitutional right to freedom of association and peaceful protest, the recent torching of vehicles, looting of businesses, and the tragic killing of a foreign national in the Durban CBD cross the line from democratic demonstration into outright criminality.
The rule of law is the bedrock of a functioning society, and fundamental rights and freedoms must be protected for all people, not just a select few. The rise of xenophobia in South Africa is rooted in broader systemic failures, including poor policing, weak border management, and severe job shortages caused by sluggish economic growth.
Instead of receiving the basic services and economic opportunities needed to improve their lives, South Africans face a state that continuously fails to deliver, leading many to misdirect their frustration and anger toward foreign nationals who are also left vulnerable and exposed by these institutional breakdowns. While Free SA maintains that illegal immigration goes against the rule of law, so too does vigilantism.
“We cannot allow the failure of the state to become an excuse for criminality,” says Gideon Joubert, spokesperson for Free SA. “The government created this crisis through broken borders and corrupt institutions, but the answer to lawlessness is never more lawlessness. Vigilante violence only destroys our communities further. The rule of law must be applied equally to secure our borders and to protect the rights and lives of everyone in South Africa.”
The government’s response to this crisis has highlighted its own inadequacies. It is deeply cynical for the Ministry of Police to repeatedly tell communities to empower themselves and take back their neighbourhoods, while simultaneously resisting the devolution of policing powers to municipal and provincial levels where meaningful safety outcomes can actually be achieved.
The court interdict is a necessary temporary measure to protect lives and infrastructure, but it is not a solution. The Government must stop relying on the courts to manage public order and start doing the hard work of securing borders, reforming Home Affairs, and decentralising policing powers to local authorities who can actually keep communities safe.
