NLS Condemns Xenophobic Attacks on Nigerians in South Africa

The Nigerian Law Society (NLS) has condemned the recurring xenophobic and Afrophobic attacks against Nigerians and other African nationals in South Africa, calling on the African Union (AU) and United Nations (UN) to demand accountability from the South African government.

In a statement signed by its Acting President, Abdulqadir Alhaji Sani, on August 26, 2026, the NLS expressed concern over reports of violent attacks, killings, intimidation, destruction and looting of foreign-owned businesses, threats against migrants and forced displacement.

The society said it was particularly disturbed by reports that the attacks had affected not only undocumented migrants but also Nigerians and other foreign nationals lawfully resident in South Africa.

According to the NLS, approximately 1,490 Nigerians have reportedly been repatriated from South Africa following the latest unrest.
While acknowledging the South African government's position that xenophobia and violence against foreign nationals were not state-sponsored and that perpetrators should be prosecuted, the NLS said government condemnation must be backed by concrete action.

“Governmental condemnation must be accompanied by effective prevention, impartial investigation, prosecution, protection of victims and meaningful accountability,” it said.

The society stressed that allegations of criminality against foreign nationals could not justify collective punishment, mob justice, discrimination, extrajudicial violence or destruction of property.

It maintained that anyone suspected of committing an offence must be arrested, investigated and prosecuted in accordance with the law, rather than being subjected to vigilante justice.

The NLS also drew attention to provisions of the South African Constitution, particularly those guaranteeing equality, human dignity, the right to life and protection from violence.
It said the South African Police Service had a constitutional responsibility to prevent and investigate crime, maintain public order and protect inhabitants and their property.

The society therefore called for an independent investigation into allegations that police officers failed to prevent foreseeable attacks, neglected complaints by foreign nationals, selectively enforced laws, participated in unlawful conduct or failed to investigate killings, assaults and destruction of property.

It further cited South Africa's obligations under the African Charter on Human and Peoples' Rights, which protects individuals from discrimination and guarantees rights to life, dignity, liberty and due process.

The NLS urged the African Commission on Human and Peoples' Rights to closely monitor the situation and investigate allegations of systematic violations against Nigerians and other African nationals where appropriate.
NLS Calls for AU Intervention

The society said the African Union could not remain indifferent when Africans were allegedly subjected to serious human-rights violations by fellow Africans.

It called on the AU Assembly, Peace and Security Council, African Commission on Human and Peoples' Rights and African Union Commission to urgently place xenophobia and Afrophobia in South Africa on their agenda.

Among other measures, the NLS urged the AU to establish or authorise an independent fact-finding mechanism, demand comprehensive information from the South African government on attacks against foreign nationals, and ensure the prosecution of perpetrators.

It also called for accountability for police officers found to have participated in, facilitated or negligently failed to prevent violations, as well as the establishment of an early-warning and rapid-response mechanism for xenophobic violence.

The society equally appealed to relevant UN human-rights mechanisms to monitor the situation and engage the South African government over the protection of foreign nationals.

NLS Tasks Nigerian Government
The NLS also called on the Federal Government of Nigeria to intensify diplomatic engagement with South Africa and make the protection of Nigerians abroad a priority.

It urged the government to demand full investigations into reported killings and attacks, prosecution of perpetrators, investigation of alleged police failures, protection of Nigerians legally resident in South Africa and preservation of the property and business interests of affected Nigerians.

The society further urged Nigeria to work with other African countries whose nationals have been affected, stressing that the issue was not exclusively Nigerian but concerned the dignity and security of Africans across the continent.

‘Africa Must Not Turn Against Africa’
The NLS warned Africans against portraying migrants as collectively responsible for unemployment, crime, poverty or failures of governance.

It said such challenges should be addressed through sound public policy, accountable government, lawful policing and judicial processes rather than violence against migrants.

“A Nigerian who commits a crime in South Africa should be prosecuted. A South African who attacks a Nigerian should equally be prosecuted,” the society said.

It added that the nationality of a victim should never determine the value of the person's life, dignity, liberty or property.

The NLS urged the South African government to immediately guarantee the safety of Nigerians and other foreign nationals, ensure impartial police response, investigate alleged police complicity and prosecute perpetrators of killings, assaults, intimidation and hate-motivated violence.

It also called for compensation and effective remedies for victims, lawful and non-discriminatory immigration enforcement, and sustained diplomatic engagement between South Africa, Nigeria and other affected African countries.

The society concluded by urging the South African government to transform its condemnation of xenophobia into “demonstrable action” and called on the AU and UN to deploy available legal, diplomatic and human-rights mechanisms to ensure protection and accountability.

“Xenophobia is not patriotism. Afrophobia is not nationalism. Mob justice is not justice. And nationality can never be a lawful justification for the violation of human dignity, life, liberty and property,” the NLS said