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Xenophobia: The Law Must Take Its Course against South Africa’s Stark Criminality


Jimmy Broni Smith

XENOPHOBIA is defined as the irrational or unreasoned fear of that which is perceived to be foreign or strange. In other words, it is discrimination or racism acted out either consciously or unconsciously.
For many commentators, Xenophobia as has been murderously carried out in South Africa in 2008, 2015 and for the past two weeks respectively is due to a plethora of factors like the country's social dynamics, Afro-pessimism, jingoism, exceptionalism, ethno-nationalism and its distant cousin tribalism. BASED on all the afore-mentioned which will probably never fade away owing to their deep rooted nature, it's only a matter of time before the next xenophobic instalment of murders, arson and looting plays out again! The recent spate of attacks against foreign nationals living in the country has claimed six lives; in 2015 over a dozen were murdered through horrific means like burning victims with car tyres round their necks, stabbing and hacking. 15 years ago when it all started, the numbers were much higher as seventy lives were wasted. Can these so-called xenophobic murders be justified? Apologists have proffered defences all of which are flimsy and laughingly puerile. Illegal immigrants, drug dealers, undocumented foreign nationals or whatever else it may be, the law should be left to have its way. No man is above the LAW as we've been taught from childhood. No man must therefore take the law into his hands on no conceivable account.
It is on record that a Zulu ruler, King Goodwill Zwelithini recently gave an address laden with xenophobic innuendos. That allegedly set the stage for this round of criminality on the streets of Gauteng, KwaZulu Natal and Johannesburg. It's hard to think that this is the same country which was under the sceptre of perhaps the most heinous crime ever committed against a group of people on their own ancestral land: Apartheid! Black countries from the Caribbean to Africa and Black leaders in America and Europe all vociferously attacked Apartheid and some even fought ideologically and physically to dislodge it. That same country now feels itself so special that it will rain death on fellow Africans or blacks living within it. It reeks of deliberate forgetfulness and wanton shame.
The "Rainbow Nation" has perhaps the most progressive national Constitution in all of the black continent. The Freedom Charter, their post-Apartheid Constitution enacted in 1996 bears striking resemblance to the United States Constitutional document. Just like the US code, it begins with "We the people," and goes on "of South Africa believe that South Africa belongs to us and all those who live in it, we are united in our diversity..." The Rainbow Nation was thus born, but twelve years down the line a small section of the populace forgot that legendary opening statement! The ethos of Ubuntu - respecting one another's dignity and humanity, plus fostering unity between and amongst different races and nationalities flew out of the national consciousness. At least out of the consciousness of those who skeweredly think the presence of other nationals is a roadblock to their personal or collective development.
These attacks are not strictly xenophobic as they are being labelled by most especially the SA media. President Jacob Zuma decried the savagely ugly incidents as criminal and that the law must bring the 170 or so perpetrators to justice. Clearly, the government has done little or nothing about this problem. Every time it is caught off-guard!
It is not a problem that requires a hasty fix either. But the spanners must be instantly thrown into the works as it were. The distasteful Apartheid legacy of latent violence more or less ingrained in the national psyche, youth apathy, the controversies surrounding education such as the fees must fall movement, job and entrepreneurial opportunities for graduates and the skilled are trendy issues in need of hot and enduring answers. Education is a priority area; the greatest South African ever Nelson Mandela once said: Education is the most powerful tool to change the world with! One wouldn't be amiss to assert that these issues have a link directly or indirectly in the perpetuation of xenophobia. Take the youth problem for instance; many of them are self-confessedly wayward and disobedient leading them to deviant and juvenile misdemeanors. These lost youths are at the forefront of criminal acts like the one under review.
Not all immigrants in South Africa are illegal or undocumented or drug dealers, but the truth remains that the righteous always suffer with the wicked. Immigrants both legal and otherwise badly need the staunch protection of the law in South Africa. A vibrant act must be passed in their favour in this dispensation of transnationalism and globalisation.
In the backyard of Mandela, the rights of all and sundry must be respected, observed and protected.

Image may contain: 1 person, suit and close-up
Jimmy Broni Smith
writes from
Freetown, Sierra Leone



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