Durban - In April last year eight people died in xenophobic attacks in KwaZulu-Natal, but to date no one has been held responsible.
More than 200 people were arrested during the violence. Most were charged for looting shops belonging to foreign nationals.
The foreigners who died were: Tasama Marcus, 26, from Ethiopia, Muvo (surname unknown) from Zimbabwe, Abraham Shifiqui Alam, 31, from Bangladesh, and two Mozambican nationals Dava Sabastio, 58, and Mhugo Ngobeni, 30. Locals killed were: Thembinkosi Dlamini, 29, Ayanda Dlamini, 24, and Thabo Owen Mzobe, 14.
According to a document from the Durban Regional Court more than 70 cases of xenophobia were dealt with in various courts in the province. However, only four murder cases made it to court and none resulted in a conviction due to a lack of compelling evidence.
Police spokesperson Major Thulani Zwane said some of the cases had been withdrawn because witnesses failed to testify.
“People were sometimes scared to testify against their neighbours who lead the attacks. But this does not mean the investigations are over. If people have information they should come forward,” he said.
The families of those who died have lost confidence in the criminal justice system.
Alex Marcus lost his brother Tasama in the violence. They were locked inside a steel container which was set alight. Marcus himself sustained third-degree burns but survived.
He said his parents always asked him about the case and were disappointed that the perpetrators were not behind bars.
“We lost our brother and our shop was looted. Police have just turned a blind eye and nobody has been arrested. This is not going to discourage acts of xenophobia in the future,” Marcus claimed.
Slindile Dlamini, a South African whose daughter Ayanda was killed in uMlazi J section, said she had lost faith in the justice system after police failed to update her on the investigation.
A Somalian suspect was arrested after a murder docket was opened at Bhekithemba police station. However, nothing came of the investigation.
Dlamini said: “We have been kept in the dark because the police have been unco-operative. The suspect appeared in court but the matter was postponed.
“After some time he failed to appear and a warrant of arrest was issued. That was the last I heard about the case.”
Paddy Kearney was a member of the seven person task team called the Special Reference Group that investigated the violence. It was appointed by Senzo Mchunu, the former KZN premier and chaired by Navi Pillay, the former UN High Commissioner for Human Rights.
Kearney said they met with the national prosecuting authority senior officials and it was agreed that xenophobic cases would be prioritised.
“However we were not satisfied this prioritisation had taken place. Our impression was that these cases were simply treated like any other cases on the roll. Most cases were postponed for further investigation, but this investigation did not take place and so eventually many cases were dropped.
“My impression was that there just didn’t seem to be the will to achieve justice for those who had been killed.
“We were also aware that the refugees were a very vulnerable group. They hoped to return to the communities from which they had been driven out and were reluctant to give evidence against people from these areas.”
Meanwhile, this week the South African Human Rights Commission said a speech given by King Goodwill Zwelithini had not triggered the violence.
Advocate Lawrence Mushwana, chairman of the commission, said while the comments were “hurtful and harmful” - they did not amount to hate speech and they could not be seen as instigating violence against migrants.
Reacting to the findings, Judge Jerome Ngwenya, chairperson of the Ingonyama Trust, which oversees the royal household, said they respected the work done by the commission.
“We have not had enough time to study the report yet but we were surprised when it was released without our being given a chance to go through it as a respondent.
“We will read the report and see how to move forward on the matter. But we expect the commission to do better in future when dealing with such matters,” Ngwenya said.
Sunday Tribune