The South African Human Rights Commission (SAHRC) has reaffirmed its stance against violence and vigilantism targeting foreign nationals, urging all residents to uphold the country’s legal frameworks as tensions surrounding migration continue to spark public debate.
Commissioner Nomahlubi Khwinana issued the statement following a virtual imbizo convened by the commission to engage stakeholders on recent demonstrations directed at undocumented migrants. While the forum aimed to foster dialogue, it encountered heated exchanges, with some participants labeling the commission “unpatriotic” and disputing the existence of xenophobia in South Africa.
The SAHRC reported documented cases of violence, forced displacement, and threats undermining the safety, dignity, and fundamental rights of individuals and communities in affected areas.
Khwinana explained that the virtual gathering was intentionally inclusive, extending invitations beyond specific civil society groups or political parties to ensure diverse voices could be heard. Participants raised concerns connecting irregular migration to various societal challenges, including crime, human trafficking, sexual violence against women and children, gender-based violence, drug proliferation, and illegal mining operations.
“Even amid disagreement, attendees valued the platform to express their perspectives,” Khwinana noted. “Many requested that the commission increase its educational outreach, enhance visibility, and engage directly with communities to sustain these critical conversations.”
Responding to criticism that the SAHRC is disconnected from grassroots realities or lacks patriotic commitment, Khwinana clarified that all commissioners are South African citizens, as mandated by the appointment criteria. She underscored that the commission evaluates all matters—particularly socioeconomic rights—through a human rights framework, with commissioners overseeing distinct portfolios including civil and political rights, children’s rights, and justice administration.
Khwinana cited recent investigative reports, such as those on water service delivery and municipal governance in the Northern Cape, which have exposed systemic institutional failures and gaps in leadership accountability. In line with Section 184 of its constitutional mandate, the commission is authorized to educate, conduct research, and submit recommendations to government bodies, though these recommendations carry no binding legal force following a recent Constitutional Court ruling.
Acknowledging the time-sensitive nature of current tensions, Khwinana referenced an approaching June 30 deadline and escalating societal pressures. Despite the charged environment, she characterized the imbizo as productive because participants maintained willingness to engage constructively. Key issues highlighted included perceived delays in police response to crime reports, challenges with border security, and citizens resorting to self-help measures amid concerns about state capacity.
“The insights gathered will inform our next steps,” Khwinana stated. “We are now consulting with relevant authorities to chart a path forward, as I firmly believe communication, inclusive dialogue, and equitable engagement can resolve many of these challenges.”
On border management, Khwinana recognized its critical role in addressing irregular migration. While the SAHRC can issue recommendations, she acknowledged that implementation depends on governmental action, especially following the Constitutional Court’s recent judgment. Nevertheless, she emphasized that the same ruling affirmed the commission’s relevance, stating it is “not fruitless and must still be listened to.”
The commission’s core message remains unchanged: South African laws must be upheld, and violations must be addressed through lawful channels. “We do not condone criminal conduct under any circumstances,” Khwinana asserted. “Resolving this complex situation demands coordinated, sustained collaboration from all stakeholders across every sector of society.”
The SAHRC continues its engagement with relevant parties as national conversations on migration, public safety, and human rights protection evolve.