FOREIGN nationals living in South Africa, including Zimbabweans, are mobilising to launch a major human rights and civil liability lawsuit against Pretoria over recurring xenophobic violence, discrimination and alleged police inaction.
Organisers called on migrants who have suffered injuries, loss of property, harassment or discrimination during xenophobic attacks to submit evidence for possible legal action against the government and individual perpetrators.
The proposed litigation targets the South African government, the South African Police Service (SAPS) and other State institutions accused of failing to protect foreign nationals.
“We are collecting evidence to sue the State under the South African law of delict (civil liability),” the organisers said.
Some civic groups such as March and March with support from some vigilante groups and mobs have set a June 30 deadline to force black immigrants to leave South Africa.
Authorities in that country, including the police, have said law enforcement agents have been put on high alert amid fears of sporadic violence and looting by the vigilante groups and mobs.
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A number of African countries have since evacuated their citizens to ensure their safety.
However, organisers of the planned suit accused law enforcement authorities of failing in their constitutional obligations during periods of anti-foreigner violence.
“Police inaction and complicity” will form part of the legal case, they said, alleging that some officers failed to intervene while others allegedly colluded with vigilante and anti-foreigner groups.
Organisers also announced plans to approach Equality Courts on behalf of victims allegedly denied access to healthcare, education and other public services because of their nationality.
Beyond court action, the organisers intend to file complaints with South Africa’s constitutional oversight bodies, including the South African Human Rights Commission (SAHRC) and the office of the Public Protector.
According to the organisers, complaints to SAHRC will focus on “State complicity, hate speech and systemic discrimination”, while the Public Protector will be asked to investigate alleged administrative failures by State institutions and public officials.
The campaign urged victims and witnesses to preserve videos, photographs and other evidence linked to xenophobic violence.
The statement warned that perpetrators can face personal legal consequences.
“We will seek to sue participants in their individual capacities and group liabilities and the South African government as an entity enabler of xenophobic atrocities.”
In November 2025, the Gauteng High Court in Johannesburg interdicted anti-migrant group Operation Dudula from harassing, intimidating or assaulting foreign nationals and from blocking their access to healthcare and education.
Legal experts and human rights lawyers with experience in litigation involving discrimination and State accountability have also been invited to join the initiative.
South Africa has experienced repeated outbreaks of xenophobic violence over the years, with migrants from countries including Zimbabwe, Mozambique, Malawi and Nigeria often becoming targets of attack, looting and displacement.
Human rights organisations have consistently called for stronger protection for foreign nationals and accountability for perpetrators of xenophobic violence.