Police and leaders of anti-immigration movements have a responsibility to ensure that protests do not degenerate into violence.
Instability and disorder are intensifying in South Africa ahead of the 30 June deadline given by March and March and other organisations for all 'illegal' foreign nationals to leave the country. In many areas, vigilantes have attacked people, evicting them from their homes. Three foreign nationals have been killed following anti-immigrant protests, and journalists covering the violence have been assaulted.
As the deadline looms, could South Africa face an eruption of violence resembling the xenophobic riots of May 2008? And will police be able to respond effectively if attacks on people and property escalate?
The 30 June declaration has had a significant impact. While ostensibly aimed at undocumented migrants, in practice, those targeted frequently include anyone perceived to be an immigrant of African or Asian origin, whether in South Africa legally or not.
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The climate of fear has led many to flee their homes, notably in KwaZulu-Natal province. An unknown number have already departed or are returning to their countries of origin, with the South African government assisting in some cases.
In addition to urging 'illegal immigrants' to leave, March and March has called for a national shutdown on 30 June. This is expected to involve intensified protest action with mobilisation growing as the date approaches.
Despite the prevalence of fear, most immigrants living in South Africa are not likely to leave, even if they do not have valid documentation. Statistics South Africa data from 2022/23 estimated that there were between 2.4 million and 3 million documented and undocumented immigrants in South Africa.
The intensification of anti-immigrant sentiment has raised concerns about widespread violence on the scale seen in 2008. That year, an initial assault on people perceived to be foreigners in Alexandra in Johannesburg was followed by two weeks of mob attacks, in which 62 people died, hundreds were injured, and over 100 000 were displaced. Some also worry that current mobilisation could degenerate into public disorder akin to the July 2021 unrest in KwaZulu-Natal and Gauteng.
Formal representatives of the over 20 organisations opposing illegal immigration have distanced themselves from any violence that may occur. But the articulation of the call on social media often involves encouragement and endorsement of brutality against immigrants. Some prominent members have warned that they cannot control how their supporters respond, suggesting they won't actively discourage violence.
The mobilisation around 30 June could lead to another South African tragedy linked to protest action. However, the fact that the South African Police Service (SAPS) and other components of the country's security sector services are paying close attention and taking steps to pre-empt disorder is reassuring.
A complicating factor is that those marching against illegal immigration are often armed (illegally) with weapons such as sjamboks, sticks and spears. This heightens the risk that peaceful protests may degenerate into attacks against immigrants, their homes and businesses by breakaway armed groups.
A briefing by police and defence force heads on 22 June indicated that security forces would try to ensure that people attending demonstrations were unarmed. In the coming days, police should expand public communication about the illegality of carrying weapons at protests.
The half-hearted manner in which the SAPS responded to the July 2021 civil unrest attracted considerable criticism. However, that 2021 mass disorder primarily involved looting and the destruction of property, not violence against other people. It remains unclear how most of the 350 people who died in the unrest lost their lives.
Police are not authorised to use lethal force to suppress property destruction. But should those involved in anti-immigrant protests attack or kill people, the targeted use of lethal force against them would be legally justified.
In line with the police obligation to protect the lives of protesters and anyone protesters may attack, everything possible must be done in the coming days to avoid a situation where lethal force becomes necessary. This includes ensuring that officers policing the demonstrations have sufficient non-lethal equipment.
Given the highrisk of violence as 30 June approaches, the use of drones and police videographers could act as a deterrent, since the chances of being arrested increases if violent acts are caught on camera.
At the 22 June briefing, Acting Minister of Police Firoz Cachalia said that in addition to deploying police resources to potential flashpoints at a cost of around R600 million, the private security sector would assist. South Africa's largest private security company, Fidelity, has indicated that it intends to support police by monitoring the situation and preventing conflict, including by providing personnel, armoured vehicles, helicopters and drones if needed.
Defence Minister Angie Motshekga said the South African National Defence Force would also be mobilised 'if things get out of hand.'
Cachalia indicated that influential groups were being encouraged to speak out against anti-immigrant violence. There has already been a joint statement by labour federations and another by civil society groups expressing opposition to the anti-immigrant mobilisation.
Although they have distanced themselves from acts of violence, leaders of anti-immigrant groups must firmly condemn current attacks. They must also clearly convey to their supporters, including via social media, that participation in any activities must be unarmed and non-violent.
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David Bruce, Independent Researcher and ISS Consultant