The role of criminal prosecution in curbing xenophobic attacks in South Africa

Abstract

Xenophobic attacks on foreign nationals are not a new phenomenon in South Africa. It is endemic and persistent. Notwithstanding these realities, very little is known in the public domain about the criminal justice responses to such attacks. For this and other reasons, which will become clearer later, the research analyses the role of the criminal justice system in curbing xenophobic violence in South Africa. The research further scrutinises whether there are laws that address the problem of xenophobia adequately. Furthermore, it is considered whether there have been prosecutions of crimes motivated by xenophobia? To this end, it is necessary to first contextualise the motives for such attacks and to consider the state’s responses to date.