Ghanaian nationals ask ICC to probe South Africa over alleged attacks on foreigners

Ronald Lamola

Pretoria – Two Ghanaian nationals have reportedly petitioned the International Criminal Court (ICC) to investigate South Africa over alleged attacks on foreign nationals, arguing that the incidents could amount to crimes against humanity.

South Africa has, however, dismissed the move as “opportunistic”, with the Department of International Relations and Cooperation (DIRCO) saying the petition does not meet the legal requirements for ICC intervention, SABC News reported.

DIRCO spokesperson Chrispin Phiri said South Africa already has legislation to address xenophobia and related offences.

“Legislation such as the Prevention and Combating Hate Crimes, Hate Speech Act directly gives effect to the Republic’s obligations under the Constitution and International Human Rights instruments concerning racism, racial discrimination, xenophobia and other related intolerances.”

He added that the legal framework “specifically provides for a distinct offence such as hate crime and hate speech and ensures prosecution of any offences committed by individuals in this category.”

DIRCO also welcomed a decision by the Economic Community of West African States (ECOWAS) to place migration on the African Union’s agenda, saying South Africa is open to “constructive and action-oriented dialogue” on migration issues.

Phiri said Pretoria supports discussions aimed at addressing the root causes of irregular migration, with the goal of ensuring that “migration across the continent becomes a choice rather than a necessity.”

According to EWN, DIRCO reaffirmed that South Africa remains committed to Pan-African solidarity, the rule of law and working with African countries to address migration challenges. The department said it rejects all forms of xenophobia, racism and intolerance, while insisting that those responsible for violence would be held accountable.

DIRCO said South Africa would continue engaging constructively with ECOWAS member states on regional stability and migration management. It also noted that although it maintains bilateral engagement with countries such as Ghana and Nigeria, the country’s largest migration flows originate from within the Southern African Development Community (SADC).

International Relations Minister Ronald Lamola has called for migration to be placed on the agenda of African Union heads of state meetings, with discussions focusing on the root causes of irregular migration, including governance, democracy and economic stability.

The department further reiterated that it has confidence in South Africa’s domestic legal framework, including hate crimes and hate speech legislation, to deal with offences related to racism, xenophobia and other forms of intolerance.

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