
Xenophobia spits on the freedom of all who live in SA (Part Two)
We need to understand and spread the notion that freedom belongs to all, it is not a freedom where some people are excluded. Part Two of a two-part series on xenophobia and democracy.
Most xenophobic conflicts portray sections of the community as being extremely hostile towards foreign nationals. But there is some ambiguity, especially in urban areas where South African traders have tensions with foreign traders.
What has happened is that communities form relationships with the traders that are capable of more than one interpretation. On the one hand, they are seen – by many who have testified – as often being beneficial to local communities, offering goods at lower prices than South African traders or providing credit to communities and keeping their shops open for long hours.
This creates a bond between them and the foreign traders, who can lower prices through their sharing resources with other traders in bulk buying. However, this bond with communities is not without ambiguity, as there are also instances where the same people who speak highly of foreign traders act opportunistically during attacks against them and join other looters in robbing them. This has been admitted by members of many local communities and is documented in media records.
Additionally, when local traders in the Western Cape claimed that foreign traders had an advantage they couldn't compete with, some foreign traders offered to train local traders in what they knew and practised, and in business practices the local traders did not practice or know. This was documented by Professor Heribert Adam of Canada.
It is not at all established that foreign traders use unfair methods to succeed in their trade. What is important to note is that the success they have is in an extremely unfair situation where they have a fragile presence in communities. They think it is safe, but time and again, that safety is shattered by incidents, as we have seen in recent months.
The truth of the matter is that the relationship between foreign traders and communities does not conform to one narrative. Many of these foreign traders provide services that other trading outlets do not offer. They are willing to give credit in many cases, and if they sell cigarettes or similar small items, they do not necessarily expect patrons to buy a full packet. They may sell one cigarette at a time.They are open for long hours, early in the morning before children go to school, and late at night, and this is the pattern of work which has often integrated the traders into local communities.
On the other hand, when there are attacks on such traders and someone has broken the security of their shops, local people – sometimes ones who have formed close relationships with these traders – also engage in the looting that follows.
In other words, the same individuals who do not want the traders to leave because of the way they operate, indulge in looting. They do not think it is legitimate to attack the shops, but at the same time, because of their poverty and vulnerability, such people are often willing to engage in the raids. They feel a bit ashamed of or embarrassed by it, but they nevertheless do it.
Xenophobia violates foundational humanistic values
There are many violations of various kinds that go unpunished in South Africa – notably the Marikana massacre, and killings that demonstrate indifference to human lives. While we must demand the return to foundational humanistic values and abiding by the law, there is no doubt that the impact of repeated violations casts doubt on the current standing of the law.
There is not a strong force or understanding of advancing rights and duties for all, and especially for foreign migrants in South Africa today. How we relate to xenophobia cannot simply be individualised as in calling for the removal of specific actors or perpetrators from public positions they may hold. We cannot restrict ourselves to who should be in the Cabinet – while it is desirable to remove such people from public posts, we also need to advance a set of values that explain what is at stake.
Spirituality
There is sometimes recourse to spiritual underpinnings to advance a non-xenophobic stance. In almost all spiritualities there are notions like 'Jesus was a refugee', 'welcome the stranger', or ubuntu, evoking notions of universalism.
The church and other faith-based bodies can have an important impact on this limiting of xenophobia. Both the present pope, Leo XIV, and his immediate predecessor, the late Pope Francis, provided messages calling for respect and compassion.
Limited legal basis
Acting against these foreign nationals is illegal and reinforces insecurity. Foreign nationals who are legally present should be secure, with their legal rights secured, and those allegedly without papers are also entitled to due process and not subjected to being automatically thrown in prison or deported.
When xenophobes want to justify their actions or sentiments, they tend to refer to legal reasons for curbing the presence of foreign nationals, or the porous borders we have. In fact, when foreign traders or workers are attacked, attackers do not follow legal prescripts or try to examine the legal basis for removal of these people, compared with others whose presence is acknowledged to have a legal basis.
Most of the time there is not a substantial distinction between those with a legal basis for their presence in South Africa and 'illegals'. Attackers generally do not ask (or have the authority to ask) who among the migrants have a legal basis for being in South Africa, and ignore what qualities create a legal basis.
It may be ('may' because there are no statistics) that xenophobia is no longer a phenomenon emanating from individuals – it may be that attacking foreign nationals may now be a phenomenon that enjoys popular support, even in areas with a significant Struggle background like Atteridgeville and parts of the East Rand. This is a dangerous phenomenon, deriving from a politics that is indifferent to ethical questions.
The problem of xenophobia and the need for moral clarity in South Africa
It is important that we should not restrict our commentary on Minister of Sport, Arts and Culture, Gayton McKenzie's outburst, to whether or not he should remain a member of the Cabinet. McKenzie might be removed, although it seems unlikely in the light of the low weight that is placed on xenophobia and the number of Cabinet ministers who have made such statements.
The xenophobic threat remains. It remains a problem because there is no clarity as to why or whether xenophobia is wrong, and when we have a discourse in this country that has been more or less condoned, where xenophobic statements are not regarded as wrong. The discourse on 'too many foreigners in the country', porous borders and similar things are not part of people's consciousness of what is considered wrong and is contrary to the freedom provided in 1994 and 1996.
It's important that we have people grow up in a country that does not condone certain things. There are certain values, mainly in regard to apartheid manifestations, but it does not seem that there is a moral question in people's minds regarding the wrongness of xenophobia.
That must be remedied, because to practise xenophobic behaviour and make xenophobic statements is to spit on the freedom of all who live in South Africa.
We need to understand and spread the notion that freedom belongs to all, and it is not freedom where some people are excluded. We must find the modalities for working this out in a way that does not repeatedly create hurtful attacks on foreign nationals, as in the aftermath of recent incidents with poisons allegedly emanating from some of the spaza shops.
When one examines the evidence presented in that and many other cases, it's clear that a lower threshold is applied for people who are foreign nationals. That must end. DM

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Citizen
2 hours ago
- The Citizen
Batohi not worried about Omotoso's deportation as NPA plans to bring Gupta brothers back to SA
She expressed hope that the Nigerian pastor could be returned to South Africa if the NPA's appeal is successful. National Director of Public Prosecutions (NDPP) Shamila Batohi says the National Prosecuting Authority (NPA) is committed to bringing back Nigerian pastor Timothy Omotoso and the Gupta brothers to face justice. Batohi appeared before Parliament's Standing Committee on Public Accounts (Scopa) on Wednesday, where she faced tough questions about the NPA's performance in handling high-profile corruption and criminal cases. ALSO READ: 'There is no state capture in NPA': Ramaphosa to meet Batohi after infiltration claims The failure of the South African government to secure the extradition of Atul and Rajesh Gupta from the United Arab Emirates (UAE) continues to cast a shadow over the NPA's efforts to prosecute state capture cases. The NPA has also recently come under intense public scrutiny following the acquittal of Omotoso and his two co-accused in a rape trial that spanned eight years. Gupta brothers' extradition During the meeting, Investigating Directorate Against Corruption (IDAC) head Andrea Johnson rejected any suggestion that the South African government had mishandled previous efforts to bring the Gupta brothers back to the country to face several charges. She explained that the government has yet to receive a response from the UAE clarifying the reasons for the extradition request being denied. 'When the UAE decided not to extradite the Guptas, we wrote to them; 12 note verbales later, we still don't have any response from the UAE about why the extradition failed. Safe to say that they have asked us to resubmit,' Johnson said. READ MORE: A national embarrassment? 'Scorpions 2.0' bill pitched to save failing NPA 'How do you resubmit when you've submitted a full set of papers that have been properly checked, even by themselves?' 'It does put you in somewhat of a predicament – do you send these papers so that they are a so-called 'failed attempt' again?' Johnson confirmed that a new extradition request would be submitted for the Gupta brothers to the UAE. 'We've taken a decision to submit new applications with additional matters. The country also can't wait while the NPA has to follow legal processes.' 'So, having taken that into account, the public interest, and the interest of justice, we'll submit new applications not just on the Estina and Nulane matters. We're going to apply for extraditions in relation to other state capture matters.' Watch the meeting below: The Gupta brothers, who were arrested in Dubai in 2022, stand accused of playing a central role in state capture during former president Jacob Zuma's tenure. One of the key cases in which they are implicated is the Nulane Investment fraud case and Vrede Dairy Farm matter. Batohi explains NPA's appeal on Omotoso Later in the meeting, Batohi told the committee that while the NPA is appealing Omotoso's acquittal, the process could take years. She also downplayed public concern following Omotoso's deportation last month. The NDPP explained that if the televangelist had remained in South Africa as a free man, it could have further distressed his victims, who have already expressed their disappointment with the outcome of the trial. 'The fact that he has had to flee from South Africa means he has not been able to live his life the way that he would like to.' READ MORE: Batohi explains why NPA did not investigate prosecutors in 2021 Omotoso trial Batohi expressed hope that Omotoso could be returned to face justice if the appeal is successful. 'Nigeria is a country that we do have an extradition treaty with, and they are also multi-lateral treaties that we can draw on to hopefully bring him back when we do.' 'We have been successful with many extradition applications across the world. The UAE is the one that sticks out, and we have had challenges with that.' She added that the NPA would await the outcome of the appeal process. Batohi defended the institution, urging the public 'not to lose faith' in the country's prosecutorial system amid growing criticism of the NPA's handling of high-profile cases – the corruption case involving former Cabinet minister Zizi Kodwa.


Daily Maverick
3 hours ago
- Daily Maverick
Xenophobia spits on the freedom of all who live in SA (Part Two)
We need to understand and spread the notion that freedom belongs to all, it is not a freedom where some people are excluded. Part Two of a two-part series on xenophobia and democracy. Most xenophobic conflicts portray sections of the community as being extremely hostile towards foreign nationals. But there is some ambiguity, especially in urban areas where South African traders have tensions with foreign traders. What has happened is that communities form relationships with the traders that are capable of more than one interpretation. On the one hand, they are seen – by many who have testified – as often being beneficial to local communities, offering goods at lower prices than South African traders or providing credit to communities and keeping their shops open for long hours. This creates a bond between them and the foreign traders, who can lower prices through their sharing resources with other traders in bulk buying. However, this bond with communities is not without ambiguity, as there are also instances where the same people who speak highly of foreign traders act opportunistically during attacks against them and join other looters in robbing them. This has been admitted by members of many local communities and is documented in media records. Additionally, when local traders in the Western Cape claimed that foreign traders had an advantage they couldn't compete with, some foreign traders offered to train local traders in what they knew and practised, and in business practices the local traders did not practice or know. This was documented by Professor Heribert Adam of Canada. It is not at all established that foreign traders use unfair methods to succeed in their trade. What is important to note is that the success they have is in an extremely unfair situation where they have a fragile presence in communities. They think it is safe, but time and again, that safety is shattered by incidents, as we have seen in recent months. The truth of the matter is that the relationship between foreign traders and communities does not conform to one narrative. Many of these foreign traders provide services that other trading outlets do not offer. They are willing to give credit in many cases, and if they sell cigarettes or similar small items, they do not necessarily expect patrons to buy a full packet. They may sell one cigarette at a are open for long hours, early in the morning before children go to school, and late at night, and this is the pattern of work which has often integrated the traders into local communities. On the other hand, when there are attacks on such traders and someone has broken the security of their shops, local people – sometimes ones who have formed close relationships with these traders – also engage in the looting that follows. In other words, the same individuals who do not want the traders to leave because of the way they operate, indulge in looting. They do not think it is legitimate to attack the shops, but at the same time, because of their poverty and vulnerability, such people are often willing to engage in the raids. They feel a bit ashamed of or embarrassed by it, but they nevertheless do it. Xenophobia violates foundational humanistic values There are many violations of various kinds that go unpunished in South Africa – notably the Marikana massacre, and killings that demonstrate indifference to human lives. While we must demand the return to foundational humanistic values and abiding by the law, there is no doubt that the impact of repeated violations casts doubt on the current standing of the law. There is not a strong force or understanding of advancing rights and duties for all, and especially for foreign migrants in South Africa today. How we relate to xenophobia cannot simply be individualised as in calling for the removal of specific actors or perpetrators from public positions they may hold. We cannot restrict ourselves to who should be in the Cabinet – while it is desirable to remove such people from public posts, we also need to advance a set of values that explain what is at stake. Spirituality There is sometimes recourse to spiritual underpinnings to advance a non-xenophobic stance. In almost all spiritualities there are notions like 'Jesus was a refugee', 'welcome the stranger', or ubuntu, evoking notions of universalism. The church and other faith-based bodies can have an important impact on this limiting of xenophobia. Both the present pope, Leo XIV, and his immediate predecessor, the late Pope Francis, provided messages calling for respect and compassion. Limited legal basis Acting against these foreign nationals is illegal and reinforces insecurity. Foreign nationals who are legally present should be secure, with their legal rights secured, and those allegedly without papers are also entitled to due process and not subjected to being automatically thrown in prison or deported. When xenophobes want to justify their actions or sentiments, they tend to refer to legal reasons for curbing the presence of foreign nationals, or the porous borders we have. In fact, when foreign traders or workers are attacked, attackers do not follow legal prescripts or try to examine the legal basis for removal of these people, compared with others whose presence is acknowledged to have a legal basis. Most of the time there is not a substantial distinction between those with a legal basis for their presence in South Africa and 'illegals'. Attackers generally do not ask (or have the authority to ask) who among the migrants have a legal basis for being in South Africa, and ignore what qualities create a legal basis. It may be ('may' because there are no statistics) that xenophobia is no longer a phenomenon emanating from individuals – it may be that attacking foreign nationals may now be a phenomenon that enjoys popular support, even in areas with a significant Struggle background like Atteridgeville and parts of the East Rand. This is a dangerous phenomenon, deriving from a politics that is indifferent to ethical questions. The problem of xenophobia and the need for moral clarity in South Africa It is important that we should not restrict our commentary on Minister of Sport, Arts and Culture, Gayton McKenzie's outburst, to whether or not he should remain a member of the Cabinet. McKenzie might be removed, although it seems unlikely in the light of the low weight that is placed on xenophobia and the number of Cabinet ministers who have made such statements. The xenophobic threat remains. It remains a problem because there is no clarity as to why or whether xenophobia is wrong, and when we have a discourse in this country that has been more or less condoned, where xenophobic statements are not regarded as wrong. The discourse on 'too many foreigners in the country', porous borders and similar things are not part of people's consciousness of what is considered wrong and is contrary to the freedom provided in 1994 and 1996. It's important that we have people grow up in a country that does not condone certain things. There are certain values, mainly in regard to apartheid manifestations, but it does not seem that there is a moral question in people's minds regarding the wrongness of xenophobia. That must be remedied, because to practise xenophobic behaviour and make xenophobic statements is to spit on the freedom of all who live in South Africa. We need to understand and spread the notion that freedom belongs to all, and it is not freedom where some people are excluded. We must find the modalities for working this out in a way that does not repeatedly create hurtful attacks on foreign nationals, as in the aftermath of recent incidents with poisons allegedly emanating from some of the spaza shops. When one examines the evidence presented in that and many other cases, it's clear that a lower threshold is applied for people who are foreign nationals. That must end. DM


The South African
5 hours ago
- The South African
Two life sentences for man who raped and stabbed schoolgirls
A 33-year-old man received two life sentences plus 45 years for brutally raping, kidnapping, and attempting to murder two schoolgirls in Dithakong village near Mothibistad, Northern Cape. The Mothibistad Regional Court found Thabo Magwatane guilty on seven charges. The charges include housebreaking with intent to steal, two counts of kidnapping, two counts of rape, and two counts of attempted murder. According to the NPA, Magwatane and three accomplices broke into a home on 23 February 2022. Two matric learners, aged 17 and 18, lived there to attend school. The attackers cut the power and demanded cash and phones before stealing R100 and two cellphones. They then stripped the victims naked, blindfolded them, and forced them into the veld wearing only sandals. One man raped both girls en route to a river. At the river, a second man raped them again. After the rapes, one of the attackers instructed another to kill the girls. The girls were stabbed repeatedly in the upper body and left for dead. When one girl tried to move, the group returned. She was stabbed again as one man told another to 'finish her off.' During the second stabbing, a cellphone alarm rang. One victim, pretending to be dead, saw Magwatane, her cousin's boyfriend, trying to silence the phone. The attackers fled the scene. The girls lay bleeding in the veld for 30 minutes before helping each other to seek help. One house refused to help them. At another, residents gave them blankets and called their parents. Both victims went to the ICU, underwent reconstructive surgery, and faced a long physical and emotional recovery. Magwatane evaded arrest for almost two years. Police arrested him in Rustenburg in early 2024. The court rejected any arguments for leniency. Magwatane will serve his sentences concurrently with the life terms. A second accused, Obakeng Mosesane, 25, remains in custody. The court set his trial for 2 July 2025. The judge separated the matters because Magwatane had absconded earlier. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.