Latest News Archive

Please select Category, Year, and then Month to display items

Xenophobia threatens black South Africans the most

22 August 2025 | Story Dr Nombulelo Shange | Photo Supplied

Opinion article by Dr Nombulelo Shange, Lecturer in the Department of Sociology, University of the Free State

The rising xenophobic violence and exclusion towards African nationals from outside of South Africa is increasingly becoming an emotive issue that is impossible to engage and unpack. In the social-media, “Trumpification” age we live in today, truth-telling and evidence are secondary or even completely irrelevant against the loud, “smart-sounding opinions” rooted in lies and misinformation spread online. Some have used statistics to show that foreigners only make up roughly 4% of our population, which is significant, but not enough to account for our rising unemployment and South Africans’ difficulty in accessing social services and goods such as education and healthcare. There are bigger challenges rooted in our incomplete revolution, rooted in coloniality, where resources and land were left at the hands of the white oppressor, in exchange for “peace”. There are bigger challenges rooted in corruption and poor governance. But even with these realities, many bury their heads in the sand and opt to believe the incomplete story that foreigners are our single greatest problem.

Self-inflicted harm

Many others have turned to history as a reminder of how African countries in different ways, aided our armed struggle and apartheid resistance, warning that we might need the continent soon and we would have alienated all of our neighbours if we continue down this path. Others have turned to politics and economics, which show us the importance of having strong economic ties with neighbouring countries to ensure growth and development. We saw this in part historically with the European Union and we see it today with the rise of Asian markets like China, Japan, South Korea, Singapore and others. Some of the pluralistic approaches to the rapid growth of many of these Asian markets is in relaxing borders to enable the flow of people, ideas, technology, money and resources. But South Africans continue to respond by fighting for the isolating barriers put up by colonialism and later apartheid in order to strengthen their cruel inhumane policies and stronghold against black people.

We often do this to our own detriment as black people and people of colour, structures such as Operation Dudula and March on March, seldom march to white schools in the suburbs to demand that white people prove their citizenship and belonging. They do this in predominantly black or mixed areas, applying a self-imposed apartheid dompas system, that limits our movements. They ignore the fact that many South Africans themselves are undocumented because of a variety of historical and contemporary issues and struggles related to accessing important services like Home Affairs. They base many of their strategies on hateful intangible stereotypes like the belief that foreigners are dark, cannot speak South African languages or pronounce specific words. The ideas around what it means to be South African are usually very linear and often prioritise namely Nguni culture and languages. So, if you are not a light skinned, Zulu/Nguni person, without your ID, you find yourself at risk of being harmed or being denied important services like healthcare in an emergency for example. We are too quick to forget the lessons of the COVID-19 pandemic; illness does not care who you are, what race or nationality you are, it spreads and places all of us at risk. Denying foreigners access to healthcare, while many of them live in overcrowded black townships, places black South Africans in harm’s way and can lead to a public health crisis in areas where people were struggling to access healthcare long before the influx of foreigners in the country.

Silence and inaction of our leaders

Noticeable in this whole mess and scary new norm, is the silence and inaction of our leaders. The violent and harmful actions of South Africans can in part be explained by their desperate state stemming from poverty, unemployment, and violent crimes experienced today. The tensions can in part be explained by a lack of adequate awareness of the diverse historical and contemporary importance of the continent and our immediate neighbours for our own growth and development. The overwhelming silence of our leaders is hard to make sense of. The Economic Freedom Fighters (EFF) leaders remain some of the few leaders that condemn this violence and call for a united Africa. It is believed this stance even cost EFF supporters in the 2024 elections, but they still continue to hold onto this important ethical stance, while more prominent leaders shy away from the issue. Many of these leaders were themselves either born or raised in exile or started their own families outside of the country and were the direct beneficiaries of the kindness and sacrifice that many African countries showed us during apartheid. In this new climate of having to prove “South Africanness” and therefore belonging gymnastics, many of them would have their belonging questioned. But rather than call out the violence and put protections in place, while creating awareness on diverse complexities that create “South Africanness”, our leaders are silent. And perhaps more startling, is that our government is partly made up of a political party that campaigned on the hate of foreigners. Including political parties like the Patriotic Alliance in governance has helped formalise fringe ideas like the “abahambe” slogan, which was a chant directed at African foreigners, threatening and instructing them to leave. The threats have materialised, and foreigners are having different kinds of violence enacted on them.

Afrophobia protects colonial borders

Many social commentors warned that the xenophobic utterances embedded in slogans such as “abahambe” coming from Patriotic Alliance leader, Minister Gayton McKenzie, are deeply rooted in anti-black hate. The TikTok accounts of creators such as: Nikita Lexi, Tara Roos, Samantha Jansen, Kaapie in Korea, Romantha Botha, and many others, have provided interesting and important context and caution with their historically rooted, evidence-based truth-telling that speaks to a plethora of contemporary South African issues, including race. Minister of Sports, Arts and Culture, McKenzie has now recently come under fire for posting old racist and sexist tweets, where the biggest frustration is over his repeated use of the “k-word”. The minister’s actions raise a lot of questions about the intersecting links between Afrophobia, tribalism, hate towards blackness and self-hate as a psychosocial condition plaguing many black people and people of colour, especially in South Africa. What we learn from the minister’s tweets is that Afrophobia is often used to mask racism. It is concerning for a government minister to hold such views, while they are responsible for providing services to the predominately black masses, and artists, in the case of McKenzie.

What might be perhaps the most damaging and harmful to us as black South Africans, is that our Afrophobia disconnects us to valuable, self-affirming spiritual, social, historical, ecological and economic ties we have with the African continent. We protect the colonial borders that tore our families and cultural groups apart. Our hate is a worship of the colonial shackles that dismembered our ancestors, histories and experiences and that still stifle us today.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

Back

Economic and Management Sciences

Education

Health Sciences

The Humanities

Law

Natural and Agricultural Sciences

Theology and Religion

Open Distance Learning

Business School

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept