Senior Advocate of Nigeria Femi Falana has petitioned the African Commission on Human and Peoples’ Rights over “the persistent and escalating threats to the safety and security of Nigerians and other African nationals in the Republic of South Africa.”
In the communication submitted pursuant to the African Charter on Human and Peoples’ Rights, Falana called on the commission to urgently intervene and refer the matter to the African Court on Human and Peoples’ Rights for binding adjudication.
In the petition sent on Tuesday to the African Commission, Falana highlighted “a pattern of widespread and recurring xenophobic violence, including killings, physical assaults, arbitrary arrests, torture, looting of businesses, and forced displacement.”
Falana stated that these attacks are neither isolated nor sporadic but reflect a systemic failure to protect foreign nationals.
The petition noted that according to the Nigerian Consulate-General in Johannesburg, two Nigerian nationals were killed in April 2026 in separate incidents involving personnel of the South African National Defence Force. The deaths have caused widespread shock within the Nigerian community and raised serious concerns about the conduct and accountability of state actors.
The petition also highlighted a resurgence of violent mob attacks against African migrants in May 2026, with videos showing groups of South Africans assaulting Black foreign nationals, issuing threats, and demanding that they leave the country. Reports indicate that over 130 Nigerian nationals have requested evacuation due to fears for their safety.
Falana noted that by 2019, 127 Nigerians had been killed in South Africa. He pointed out that despite repeated attacks, there has been a consistent failure on the part of the South African government to exercise due diligence in preventing these attacks, protecting affected individuals, conducting prompt investigations, prosecuting perpetrators, and providing effective remedies to victims.
The petition argued that these violations constitute breaches of several provisions of the African Charter, including discrimination based on nationality, denial of equal protection of the law, violations of the right to life, inhuman and degrading treatment, threats to personal liberty and security, and violations of property rights.
Falana called on the African Commission to find that South Africa is in violation of its obligations under the African Charter, conduct a thorough investigation, and refer the matter to the African Court seeking declaration of violations, compensation for victims, and guarantees of non-repetition.
