STATEMENT: THE UNIVERSITY OF CAPE TOWN’S REFUGEE RIGHTS UNIT UNEQUIVOCALLY CONDEMN THE CURRENT SPATE OF XENOPHOBIC VIOLENCE

The Refugee Rights Unit, based at the University of Cape Town Law faculty, unequivocally condemn the recent surge of xenophobic violence, intimidation, and vigilantism directed at foreign nationals across South Africa.

While South Africa continues to face severe socio-economic challenges—including high unemployment, poverty, and systemic inequality—using migrants, refugees, and asylum seekers as scapegoats for these systemic failures is unjust and unacceptable. Scapegoating diverts attention from the true structural issues facing the country and foments unfounded prejudice.

South Africa was founded on the constitutional principles of human dignity, equality, and the advancement of human rights for all who live in it. Acts of mob violence, the destruction of foreign-owned properties, and unlawful street-level harassment violate both domestic and international human rights law.

We are firmly of the view, and agree with President Ramaphosa, that the burden of enforcing immigration laws lies solely with the authorised branches of the state, not with vigilantism or mob rule.

Hence, we call upon the South African government and local authorities to take the following robust and immediate actions:

• To swiftly apprehend and prosecute perpetrators of xenophobic violence to end the impunity that fuels recurring cycles of abuse.
• Fulfil the state's obligation to protect all individuals within its borders, ensuring that the rights of migrants, refugees, and asylum seekers are upheld.
• Channel community frustrations into lawful, policy-based solutions and strictly refrain from inflammatory or divisive rhetoric that incites hatred against non-nationals.
• We, specifically call the Department of Home Affairs (DHA), to take immediate accountability for the large numbers of undocumented foreign persons in the country. The state’s failure to secure borders, root out systemic corruption, and efficiently process asylum and visa applications has directly contributed to the current crisis. The DHA must take full responsibility for the backlog and administrative failures that leave many refugees undocumented.

Xenophobia has no place in an inclusive, democratic society. We stand in solidarity with all affected communities and reaffirm our commitment to building a continent founded on mutual respect, peaceful coexistence, and the shared dignity of all African lives.