Empty promises or slow justice?

It’s been well over a month since the scourge of xenophobic violence broke out in certain parts of KwaZulu-Natal and Gauteng.

At the time the government, while coming late to the party, made many promises.

But where are we now? 

The South African government vowed swift action against xenophobic attackers: Jeff Radebe, Minister in the Presidency, announced that the Department of Justice and National Prosecuting Authority would set up special courts to fast-track prosecutions 

But it seems this is not what has happened.

Of the 87 cases brought before the criminal justice system, 83 cases have been postponed for further investigation. I followed up with foreign nationals who had been injured or their businesses looted. All said they have yet to receive any follow-up with regards to their cases.

I also visited the Umlazi Magistrates court – one of the courts where these cases are supposed to be prioritised - as well as the Durban Magistrates Court. No one had any idea what I was talking about, and there were no special courts allocated.

Instead, hundreds of people, many of them foreigners, have been arrested in surprise visits and unannounced raids, called Operation Fiela, which started shortly after last month's wave of xenophobic attacks in Gauteng and KwaZulu-Natal. 

Activists are accusing government of being xenophobic by targeting hostels and areas where foreigners are known to live. And some refugee rights groups have dubbed the crackdown 'state-funded xenophobia'. Others say it enhances stigma against marginalised groups.

In a recent statement from The Inter-Ministerial Committee on Migration (IMC), they say that all the underlying causes of the tensions between communities are being dealt with. But this is not the feeling on the ground, and foreign nationals who had been injured or their businesses looted all say they have yet to receive any follow-up with regard to their cases.

The cases that were solved were minor 

•    There was one case of  theft where the accused was fined R500 or 10 days imprisonment;
•    There was one case relating to possession of a dangerous weapon where the fine was  R3 000 or 30 days imprisonment;
•    There was one case relating to malicious injury to property where the accused threw stones at a shop and where a fine of R3 000 or six months imprisonment was imposed; 
•    And there was an assault matter that was finalised through an alternate dispute resolution process, after the complainant and accused agreed to a mediation process.

The IMC has publicly refuted that Operation Fiela is targeting foreign nationals. They say “government will never authorise actions that are contrary to our constitution and the laws of the country”. Yet footage taken on these operations see officers barging into houses and lodges, which the Lawyers for Human Rights say infringes the human rights of these foreign nationals and goes against the Refugee and Asylum Seekers Act. 

The IMC also says that there is no mission to single out foreign nationals for Operation Fiela search and seizure operations. 

But the question is: Why has Operation Fiela only been put into motion now? Surely all these crimes warranted an operation like this way before the xenophobic attacks? The IMC claim it’s time to clamp down on  those who illegally run businesses that are in some cases unlicensed, as well as those who engage in collusion, evade taxes, import counterfeit goods and conduct illegal business practices to the detriment of our economy. 

But the timing seems to be a little dubious and seems to be criminalising foreign nationals. 

But the timing seems to be a little dubious and seems to be criminalising foreign nationals. I chatted to Cabinet Spokesperson Phumla Williams about the matter. 

Take a listen to her interview here. 

You can email Terence Pillay at [email protected] or follow him on Twitter: @terencepillay1 and tweet him your thoughts.  

(Thumbnail image via Twitter, @timeslive)