Foreign nations mount lawsuit against xenophobes, SA govt

Foreign nationals living in South Africa, including thousands of Zimbabweans, are mobilising to launch a major human rights and civil liability lawsuit against the South African government over recurring xenophobic violence, discrimination and alleged failures by law enforcement agencies to protect migrants.

Organisers of the initiative are calling on migrants who have suffered injuries, loss of property, harassment or discrimination during xenophobic attacks to submit evidence that could support legal action against the State and individual perpetrators.

The proposed litigation is expected to target the South African government, the South African Police Service (SAPS) and other State institutions accused of failing to uphold their constitutional duty to protect foreign nationals.

"We are collecting evidence to sue the State under the South African law of delict (civil liability)," the organisers said.

The legal initiative comes amid renewed tensions after civic organisations, including March and March, reportedly supported by vigilante groups, set a June 30 deadline demanding that undocumented black foreign nationals leave South Africa.

South African authorities, including the police, have since announced heightened security measures amid concerns over possible outbreaks of violence, intimidation and looting.

Some African governments have also evacuated their citizens as a precautionary measure.

Organisers of the proposed lawsuit allege that police have repeatedly failed to respond adequately during previous episodes of xenophobic violence.

They claim the legal action will include allegations of "police inaction and complicity", arguing that some officers failed to intervene during attacks while others allegedly collaborated with anti-foreigner groups.

In addition to civil proceedings, organisers intend approaching South Africa's Equality Courts on behalf of migrants who they allege were denied access to healthcare, education and other public services because of their nationality.

They also plan to lodge complaints with constitutional oversight institutions, including the South African Human Rights Commission (SAHRC) and the Office of the Public Protector.

According to the organisers, complaints to the SAHRC will focus on allegations of State complicity, hate speech and systemic discrimination, while the Public Protector will be asked to investigate alleged administrative failures by public institutions and government officials.

The campaign is encouraging victims and witnesses to preserve videos, photographs and other evidence documenting xenophobic incidents.

Organisers warned that individuals involved in attacks could face personal legal liability in addition to any claims against the State.

"We will seek to sue participants in their individual capacities and group liabilities and the South African government as an entity enabler of xenophobic atrocities," the statement said.

The initiative follows a significant court ruling delivered in November 2025, when the Gauteng High Court in Johannesburg granted an interdict preventing anti-migrant organisation Operation Dudula from harassing, intimidating or assaulting foreign nationals or obstructing their access to healthcare and education.

Organisers said they are also seeking the participation of human rights lawyers and legal experts experienced in litigation involving discrimination, constitutional rights and State accountability.

South Africa has experienced repeated outbreaks of xenophobic violence over the past two decades, with migrants from Zimbabwe, Mozambique, Malawi, Nigeria and several other African countries frequently becoming victims of attacks, looting, displacement and intimidation.

Human rights organisations have consistently called for stronger protection of foreign nationals, effective policing and greater accountability for those responsible for xenophobic violence.