By Lehlohonolo Lehana.
A criminal complaint has been lodged at the International Criminal Court (ICC) against the Sports, Arts & Culture Minister Gayton McKenzie for ‘incitement of xenophobic violence, hate speech and intimidation’.
The complaint was lodged by Advocate Simba Chitando on behalf of the Zimbabwean Exemption Permit Holder Association (Zepha).
Chitando confirmed this telephonically with Fullview and we are in possession of a transcript.
South Africa has seen a surge in xenophobic attacks over recent months, with foreigners being blamed for fuelling unemployment and crime, and for placing further pressure on already overstretched government services.
About 60 people died and 50 000 were displaced in a spate of attacks directed against migrants in 2008, and fears are mounting of renewed and intensified violence.
McKenzie, who is also the leader of the Patriotic Alliance (PA), is accused of making statements that threaten the safety of African foreign nationals, specifically Zimbabwean and Mozambican nationals.
“Mr McKenzie knew that these comments would spark widespread xenophobic attacks against foreign African nationals, specifically at South African hospitals and clinics, but he made them anyway because his privileges give him the power to commit crimes against humanity in South Africa, at scale, with impunity,” Chitando states.
“The South African president, prosecution services, parliament, and the judiciary has failed or refused to take any action against McKenzie.”
“If anything, by all accounts, McKenzie is one of the most popular South African leaders in all branches of the South African government, precisely because of his crimes against humanity targeting foreign African nationals.”
Prior to his appointment to the sports ministry, there was speculation that McKenzie was angling for the Police or Home Affairs portfolios.
President Cyril Ramaphosa announced the DA’s Leon Schreiber as the new minister of Home Affairs, displacing Aaron Motsoaledi, who returned to the Health ministry.
The complaint comes at a time when Ramaphosa is under intense international pressure to rein in anti-immigrant groups, many operating as vigilantes, and have called for illegal foreigners to leave the country by the end of June 2026.
Ramaphosa outlined a Comprehensive Approach for Migration Management as part of a broader effort to address illegal immigration in South Africa.
Chitando further states that McKenzie’s motivations are based on more than just hatred – he alleges that he has profited politically as well as economically.
“Mr McKenzie’s crimes against humanity are aggravated by the fact that he is a convicted criminal, and is a self-confessed former member of a criminal gang,” according to Chitando.
The minister is also accused of breaching provisions of the Rome Statute relating to torture, defined as the intentional infliction of severe physical or mental pain and suffering.
Chitando, says many more South Africans will be referred to the ICC in the coming weeks.
He adds that while representing Zepha, he has been targeted by all the branches of the South African government for representing African foreign nationals denied access to medical services at South Africa’s hospitals.