Xenophobia: Falana Files Case Against South Africa at African Commission

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has filed a petition before the African Commission on Human and Peoples’ Rights over what he described as persistent xenophobic attacks, killings and human rights violations targeting Nigerians and other African nationals in South Africa.

In the petition submitted under the African Charter on Human and Peoples’ Rights, Falana urged the Commission to urgently intervene in the matter and refer it to the African Court on Human and Peoples’ Rights for binding adjudication.

Falana accused the South African government of failing to adequately protect foreign nationals from recurring violence, intimidation and discrimination, which he said have become widespread and systemic. He argued that the attacks are not isolated incidents but reflect a consistent pattern of xenophobic violence against African migrants living in South Africa.

According to him, victims have been subjected to killings, physical assaults, arbitrary arrests, torture, looting, destruction of property, forced displacement, and continuous threats to life and safety. The petition referenced recent cases involving two Nigerians, Amaramiro Emmanuel and Ekpenyong Andrew, who reportedly died in April 2026 in separate incidents allegedly linked to personnel of the South African National Defence Force.

Falana alleged that Andrew died following an arrest in Pretoria after an altercation with law enforcement officers, while Emmanuel reportedly died from injuries inflicted by security operatives. He said these incidents have sparked outrage within the Nigerian community and raised concerns about accountability among South African security agencies.

The petition also cited fresh mob attacks captured in videos circulating in May 2026, showing groups of South Africans assaulting Black foreign nationals and ordering them to leave the country. It stated that victims were beaten, harassed and subjected to degrading treatment amid rising anti-foreigner sentiment.

Falana added that attacks have been recorded across several regions including Gauteng, Durban, Cape Town, East London, KwaZulu-Natal and the Eastern Cape.

He noted that diplomatic missions, including the Nigerian High Commission in South Africa, have issued warnings over planned protests and possible violent demonstrations targeting foreign nationals.

He also referenced similar concerns raised by other African countries, including Ghana, regarding the safety of their citizens in South Africa.

According to him, more than 130 Nigerians have already requested evacuation due to fears for their safety.

Falana further argued that the South African government has consistently failed to prosecute perpetrators of xenophobic violence, allowing a culture of impunity to persist.

He maintained that South Africa has violated several provisions of the African Charter, including rights to life, dignity, equality before the law, property and protection of family life.

The lawyer urged the African Commission to order an independent investigation, enforce accountability and ensure compensation and reparations for victims.

He also called for structural reforms to prevent further violence and urged the African Union to treat the matter as a serious human rights crisis.