Introduction
ACHPR CONDUCTS PROMOTIONAL MISSION TO SOUTH AFRICA AMID PERSISTENT XENOPHOBIC VIOLENCE AND ANTI-MIGRANT MOBILISATION
The recurrence of xenophobic violence in South Africa continues to raise serious concerns about the protection of foreign nationals and the implementation of regional human rights obligations. As a State Party to the African Charter on Human and People’s Rights, South Africa is obligated, under Articles 1, 2 and 3 of the Charter, to adopt measures to give effect to the rights enshrined therein and to ensure non-discrimination and equal protection of the law for all individuals within its jurisdiction, including migrants and other foreign nationals.
The xenophobic attacks of May 2008 resulted in more than 60 deaths and displaced approximately 100,000 people, exposing persistent weaknesses in migrant protection and accountability. On 21st May 2008, the African Commission on Human and People’s Rights adopted Resolution ACHPR/Res.131 on the Situation of Migrants in South Africa. The Resolution condemned attacks and violence against migrants in various South African townships and called on the South African Government to investigate and prosecute those responsible, introduce additional measures to protect foreign migrants and their property and authorise a fact-finding mission by the Commission’s Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa.
In April and May 2026, the March and March Movement organised anti-migrant protests in Johannesburg, Pretoria and Durban demanding stricter immigration enforcement and the removal of undocumented foreign nationals. Anti-migrant protests intensified in the lead-up to 30th June 2026, the deadline set for undocumented migrants to leave the country. According to the Armed Conflict Location & Event Data (ACLED) project, at least 150 anti-migration protests occurred during June, including nearly 100 on 30th June. The campaign heightened fear among migrants and refugees, with reports of people seeking shelter or repatriation.
Against this background, the ACHPR conducted a promotional mission to South Africa from 28th September to 2nd October 2026. Its preliminary findings highlighted recurring xenophobic and Afrophobic violence, vigilantism, inadequate accountability, misinformation and delays in processing asylum applications. The Commission urged the Government of South Africa to strengthen prosecutions, implement the 2019 National Action Plan on Racism, Xenophobia and Related Intolerance, and integrate human rights into migration policy.
Association
ANTI-MIGRANT ACTIVIST KILLED
On 31st July 2026, Sphiwe Douglas Thusini, a member of the uMkhonto weSizwe (MK) Party and anti-migrant activist, was shot dead outside his home in KwaMashu, Durban, KwaZulu-Natal. Sphiwe had returned from an anti-immigration campaign in nearby Ntuzuma when unidentified gunmen shot him multiple times as he opened his gate.
The motive for the killing remains unknown. His family alleged that he may have been targeted because of his activism, noting that he had recently been photographed participating in protests calling for undocumented foreign nationals to leave South Africa. Family members also raised concerns about possible links between the killing and individuals allegedly collecting protection fees from foreign-owned businesses.
The killing prompted calls for accountability from his family, the March and March movement and the MK Party. The family urged KwaZulu-Natal police to ensure that those responsible were brought to justice. The MK Party called for a thorough investigation. The Political Killings Task Team (PKTT) continues to investigate the circumstances of the murder, including whether it was politically motivated.
Peaceful Assembly
PROTESTS OVER ASYLUM APPLICATION PROCESSING
On 7th July 2026, the Constitutional Court ruled that certain provisions of the Refugees Act restricting access to merits-based asylum assessments were unconstitutional. To implement the judgment, the Department of Home Affairs (DHA) subsequently issued an operational directive to refugee reception offices on 28th September 2026, outlining procedures for receiving asylum applications. However, misinformation surrounding the judgment and its implications fuelled tensions and protests against asylum applications.
On 8th October 2026, protests escalated in Soweto and Durban, where vehicles were torched, foreign-owned shops looted and other properties damaged. Police also reported that two houses were burnt in Durban’s Umbilo area.
On 9th October 2026, the Director-General of Home Affairs withdrew the directive and announced that the DHA would develop a fresh operational approach to comply with the Court’s ruling, citing the overwhelming pressure on refugee reception offices, risks to officials’ safety and emerging threats to public order following its implementation.
By 10th October 2026, police had arrested 30 individuals in connection with the protests: 25 in KwaZulu-Natal and 5 in Gauteng. The reported charges included public violence, malicious damage to property, unlawful gathering, obstruction and resisting arrest. At least two accused were granted bail, while further bail proceedings continued. Authorities increased police deployments at Home Affairs to prevent further violence.
Expression
JOURNALIST THREATED AFTER PERSONAL CONTACTS DISCLOSED
On 7th October 2026, Jacinta Zinhle Ngobese-Zuma, founder of the March and March Movement, published a screenshot on Facebook of a WhatsApp message from News24 investigative journalist Khaya Koko. Koko had contacted her seeking comments on allegations that she and her husband, Xolani Zuma, were linked to approximately R12 million (USD 722,648) in government contracts. The allegations formed part of a News24 investigation into state contracts awarded to businesses associated with the couple. The screenshot exposed Koko’s personal telephone number, after which he reportedly received more than 100 threatening calls and numerous abusive messages, including death threats.
The South African National Editors’ Forum (SANEF) and the Committee to Protect Journalists (CPJ) condemned the incident and called for the journalist’s protection and an investigation into the threats. News24 subsequently sent Ngobese-Zuma a letter of demand, after which she reportedly obscured the telephone number in the post.
BUSINESSMAN ARRESTED AFTER ALLEGED INTIMIDATION OF JOURNALIST
On 20th August 2026, businessman Stuart James Scharnick was arrested outside the Madlanga Commission of Inquiry in Pretoria following a criminal complaint of intimidation lodged by Sowetan journalist Herman Moloi. Moloi alleged that Scharnick confronted him during a tea break while he was recording a video of the businessman and threatened him. Following the alleged incident, Moloi lodged a criminal complaint of intimidation, which led to Scharnick’s arrest.
On 9th September 2026, Scharnick was granted ZAR5,000 (USD 301) bail in a separate firearms-related case, subject to conditions including surrendering his passport
The South African National Editors’ Forum (SANEF) condemned the alleged intimidation, warning that threats against journalists undermine media freedom, freedom of expression and the public’s right to information. The Madlanga Commission of Inquiry also condemned the incident and indicated that it would review the rules governing the conduct of attendees.