SA slams ‘scapegoating’ over AU, ICC moves

South Africa (SA) has strongly condemned efforts by Ghana and Nigeria to ventilate its concern about the country's handling of violence against illegal immigrants and the ongoing anti-foreigner sentiment by protest groups at the African Union (AU) and  International Criminal Court (ICC), notes Legalbrief Africa. SA's International Relations & Co-operation Minister Ronald Lamola said, over the weekend, that Ghana and Nigeria’s call for an AU debate on migration should focus on solutions, not scapegoating SA. Lamola was speaking at an Inter-Ministerial Committee briefing in Pretoria after Ghanaian President John Mahama called for the AU to address violence linked to anti-immigrant protests in SA, reports Channel Africa. Mahama said migration-related violence in SA was ‘escalating'. The call follows heightened concern from Ghana and other African countries over the treatment of foreign nationals in SA. Two Ghanaians have also petitioned the ICC to investigate alleged repeated xenophobic attacks in SA. Lamola dismissed the petition and related allegations as political point-scoring. ‘This debate that is being called by Ghana should not be a debate of finger-pointing, cheap political scoring against SA, because it will not be helpful,' Lamola said.

Lamola said the issue should be handled through constructive continental engagement rather than public blame. ‘It should be a constructive engagement on migration,’ Lamola said. He said any AU discussion should focus on the root causes of migration across the continent, including weak economic growth, unemployment, governance challenges, insecurity and climate change. He said these issues contribute to people leaving their own countries. Lamola’s comments come as migration remains a sensitive political and social issue in SA, where public frustration over jobs, housing and services has increasingly intersected with concerns about undocumented foreign nationals, according to Channel Africa. Government has repeatedly said migration must be managed through lawful processes and not through vigilantism or violence against foreign nationals. Lamola said the continental debate should help African countries develop practical responses to migration pressures while addressing conditions that force people to leave their countries of origin.

Lamola's comments follow Nigeria and Ghana's attempt to get the AU to debate SA's handing of the illegal immigration crisis. Nigeria's Ministry of Foreign Affairs said the two countries want the issue placed on the agenda at the next AU summit, according to africanews. SA has long attracted migrants from other African nations because of its relative wealth – a source of sporadic tensions. Tens of thousands of foreigners have fled the country in recent weeks due to growing xenophobic protests and violence. Close to 1 500 Nigerians and almost 1 000 Ghanaians were repatriated from SA after anti-immigrant groups issued a so-called deadline of 30 June for undocumented migrants to leave the country. Abuja and Accra said the protests undermine the ideals of African unity, solidarity and regional integration represented by the AU. They called for an urgent co-ordinated regional response and for stronger mechanisms within the AU, including monitoring, early warning systems and preventative diplomacy. Abuja has said it will seek compensation from Pretoria for properties and businesses left behind by Nigerian deportees.

SA has hit back against the ‘opportunistic’ petition two Ghanaians submitted to the ICC in which they claim that there were ‘widespread and systematic’ xenophobic attacks in the country. The country has countered that the petition ‘fails to satisfy the statutory legal triggers and jurisdictional requirements necessary for action’. News24 reports that former Ghanaian Government spokesperson Palgrave Boakye-Danquah and counter-terrorism and security analyst Emmanuel Kotin are seeking a preliminary investigation into what they say could constitute crimes against humanity, according to Reuters. They accuse Pretoria of failing to prevent or punish xenophobic crimes, including murder. However, Chrispin Phiri, the spokesperson for the Minister of International Relations & Co-operation, said SA maintains full confidence in its domestic legal framework. ‘Crucially, legislation such as the Prevention and Combating of Hate Crimes and Hate Speech Act directly gives effect to the Republic’s obligations under the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance,’ he said. Phiri added that ‘this legal framework specifically provides for distinct offences as hate crimes and hate speech, ensuring the prosecution of any persons who commit such offences’.

Tensions rose in May when Ghanaian Foreign Minister Samuel Okudzeto Ablakwa, without warning, urged the AU to address xenophobia in SA. Ghana became the first country to repatriate citizens. Lamola accused Ghana of spreading disinformation, saying reports that two Nigerians were killed and 15 Ghanaians were hospitalised proved false, reports News24. Magwenya said concerns were conveyed directly to Ghana’s High Commissioner, with SA Justice Minister Mmamoloko Kubayi urging him to verify information before sharing it publicly.

SA's Border Management Authority (BMA) has processed the repatriation of 72 906 foreign nationals at all its ports of entry from 7 June to 14 July for various nationalities, reports The Citizen. This was confirmed by the Inter-Ministerial Committee (IMC) on Migration, which provided an update on the government’s comprehensive approach to migration management yesterday. According to the IMC, since Malawian nationals assembled at a venue in the province of KwaZulu-Natal between 14 June 2026 and 24 July 2026, 68 138 foreign nationals have been processed, with the majority repatriated following processing at the Musina Temporary Repatriation Processing Centre (TRPC). The BMA has processed 72 906 repatriations at all its ports of entry from 7 June to 14 July 2026 for various nationalities, including those processed at the TRPC. ‘You will recall countries such as Ghana started repatriating their nationals much earlier. The majority of nationals processed at the TRPC centre were Malawian nationals, followed by Zimbabwean and Mozambican nationals.'

The country’s dedicated immigration courts have finalised 28 736 immigration-related cases from 1 April 2026 to the end of June, mainly for deportations. Of these cases, 46% were for Gauteng, constituting 13 312 cases, while KZN had 4 973, the Western Cape had 3 334, and the Eastern Cape finalised 2 019 cases. ‘Work is now underway to set up a dedicated court at OR Tambo International Airport at a site designated by the Airports Company of South Africa; similarly, the upgrade of the Lindela Court at the deportation facility will soon be initiated.’ The IMC issued a warning to foreign nationals who confront and seek to resist lawful operations by the country’s law enforcement authorities. According to The Citizen, a case in point is the confrontation between law enforcement officers and some foreign nationals who were resisting law enforcement operations in Bellville a few days ago. The country has also intensified operations against illegal border crossings, human trafficking networks, labour exploitation, fraudulent documentation syndicates, illegal mining operations and criminal enterprises. To date, law enforcement authorities have registered 354 cases of arrests and prosecutions against foreigners who contravened the Migration Act. An additional 69 people were arrested in Jeffrey’s Bay last weekend.