Xenophobic South African minister reported to ICC

The Zimbabwe Exemption Permit Holders Association (Zepha) has lodged a criminal complaint with the International Criminal Court (ICC) against South Africa's Minister of Sports, Arts and Culture, Gayton McKenzie, accusing him of crimes against humanity arising from alleged anti-foreigner statements and conduct.

McKenzie, who also leads the Patriotic Alliance, is accused of making remarks that Zepha claims endangered African foreign nationals, particularly Zimbabwean and Mozambican migrants seeking healthcare services in South Africa.

According to the complaint, McKenzie's public comments over the years allegedly contributed to a climate of hostility towards foreign nationals and encouraged xenophobic behaviour. Zepha specifically referenced comments reported by eNCA in 2022 in which McKenzie said he would prioritise a South African patient over a foreign national in a medical emergency.

The association alleges that McKenzie knew his statements could incite attacks against foreign nationals but continued making them regardless.

"Mr McKenzie knew that these comments would spark widespread xenophobic attacks against foreign African nationals, specifically at South African hospitals and clinics, but he made them anyway," the complaint states.

Zepha further argues that South African authorities, including the executive, parliament, prosecution services and judiciary, have failed to take action against the minister.

At the time of publication, McKenzie had not publicly responded to the allegations. Previous media reports indicated that requests for comment from his office had not received a response.

The complaint comes amid growing tensions over immigration in South Africa, where anti-illegal immigration groups have intensified calls for undocumented foreign nationals to leave the country.

President Cyril Ramaphosa recently acknowledged concerns over illegal immigration while warning against xenophobia and vigilantism.

"Only authorised government officials may act against violations of the law, including violations of our immigration laws," Ramaphosa said. "No other person is allowed, for example, to confront someone in the street to demand proof of nationality."

He added that there was "no space for xenophobia, racism, sexism, Afrophobia or any other forms of intolerance in South Africa."

Pressure has also mounted on McKenzie from political parties and international bodies. The Economic Freedom Fighters has called on Ramaphosa to act against the minister over alleged anti-foreigner rhetoric.

Meanwhile, Ghana and Nigeria have reportedly raised concerns with South African diplomatic representatives regarding the treatment of their citizens, while several countries have issued travel advisories cautioning nationals about tensions surrounding immigration in South Africa.

Zepha's complaint alleges that McKenzie's actions amount to persecution and discrimination prohibited under the Rome Statute, the treaty that established the ICC. The association further claims that his conduct contributed to the forced exclusion of foreign nationals from public services and subjected them to intimidation and psychological harm.

The complaint also references McKenzie's criminal past and former gang affiliations, arguing that these factors aggravate the allegations. However, no court has found McKenzie guilty of the offences alleged in the ICC filing.

Zepha lead counsel, Advocate Simba Chitando, said the complaint was intended to hold accountable individuals accused of promoting xenophobic conduct against African migrants.

"For too long, this marginalised group has been persecuted without any action taken against the perpetrators," Chitando said, adding that more complaints involving South African individuals and institutions would be submitted to the ICC in the coming weeks.

Chitando further alleged that South Africa's criminal justice system had failed to adequately address attacks and discrimination targeting foreign nationals.

The ICC has not indicated whether it will consider or investigate the complaint. Under its procedures, the court first assesses whether allegations fall within its jurisdiction and whether the legal threshold for a formal investigation has been met.

The filing adds a new dimension to South Africa's ongoing debate over immigration, border control and the treatment of foreign nationals, issues that continue to generate intense political and public discussion across the country.