Two Ghanaians have submitted a petition to the International Criminal Court against South Africa.
They have requested the court to investigate what they call attacks against foreign nationals, saying they could constitute crimes against humanity.
Pretoria has described this as opportunistic.
South Africa’s International Relations spokesperson Chrispin Phiri says the action fails to satisfy the statutory legal triggers.
“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.”
“This 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,” adds Phiri.
Meanwhile, the Department of International Relations and Cooperation (Dirco) says the Economic Community of West African States (ECOWAS) has taken a decision to support calls for the issue of migration to be put on the African Union (AU)’s agenda when the continental body’s members meet.
The department says Pretoria is open to constructive and action-oriented dialogue with ECOWAS on matters including managing migration.
“We welcome the opportunity to engage on migration at the highest level of the African Union at the African Union Heads Summit, to ensure that migration across [the continent] becomes a choice rather than a necessity.”
“A dedicated item on the agenda at the Heads of State summit to address the primary push and pull factors and the root causes of irregular migration, focusing squarely on good governance, democracy and economic stability,” says Phiri.
DIRCO Minister Ronald Lamola on immigration, meeting with Ghana president: