Falana petitions African rights commission over xenophobic attacks in South Africa

Femi Falana, human rights lawyer, has petitioned the African Commission on Human and Peoples’ Rights(ACHPR) over the failure of the South African government to stem xenophobic attacks. 

In a petition, Falana asked the commission to “urgently intervene” and refer the matter to the African court on human and peoples’ rights for “binding adjudication”.

The senior advocate of Nigeria (SAN) said the recent attacks on foreigners in South Africa are “neither isolated nor sporadic but reflect a systemic failure to protect foreign nationals”.

He added that instead of addressing the attacks, South African President Cyril Ramaphosa has asked foreigners to respect the traditions of the country.

“There remains a persistent, widespread, and well-documented pattern of xenophobic violence, intimidation, and discrimination against Nigerians and other African nationals in the Republic of South Africa,” the petition reads.

“These violations are neither isolated nor sporadic; rather, they reflect a recurring cycle of attacks marked by killings, physical assaults, arbitrary arrests, torture, looting, destruction of businesses, forced displacement, and sustained threats to life and personal security.

“Recent incidents further underscore the gravity and continuity of these violations. According to the Nigerian Consulate-General in Johannesburg, two Nigerian nationals—Amaramiro Emmanuel and Ekpenyong Andrew—were killed in April 2026 in separate incidents involving personnel of the South African National Defence Force (SANDF).

“Mr. Andrew reportedly died following his arrest in Pretoria after an altercation with law enforcement officials, with his body later discovered in a mortuary. Mr. Emmanuel similarly died from injuries allegedly inflicted by security personnel.

“These incidents have caused widespread shock within the Nigerian community and raise serious concerns about the conduct and accountability of state actors.

“In addition to these killings, there has been a resurgence of violent mob attacks against African migrants. Videos widely circulated in May 2026 show groups of South Africans assaulting Black foreign nationals, issuing threats, and demanding that they leave the country.

“In several instances, individuals were beaten with sticks, harassed, and subjected to degrading treatment, accompanied by inflammatory rhetoric targeting foreigners.

“These incidents have been reported across multiple locations, including Gauteng Province, Durban, Cape Town, East London, and parts of KwaZulu-Natal and the Eastern Cape.

“Diplomatic missions, including the Nigerian High Commission, have issued security advisories warning of planned protests and violent demonstrations targeting foreign nationals.

“Similarly, other African governments, including Ghana, have raised concerns about the safety of their citizens, describing the attacks as deeply disturbing and calling for urgent intervention.”

Falana asked the commission to conduct “a thorough and independent investigation into ongoing xenophobic violence affecting Nigerians and other African nationals”.

The lawyer also asked the commission to bring the matter before the assembly of heads of state and government of the African Union.

Falana called on the South African government to “ensure accountability for perpetrators, strengthen protection mechanisms for foreign nationals, end incitement to xenophobic violence, address structural causes of discrimination and insecurity”.(TheCable)