Black South Africans were attacked during 2021 unrest based on their race, SAHRC finds

Police Minister General Bheki Cele provided updates on investigations by the police into the murder of 36 people in Phoenix during the July unrest in the area. File Picture: Doctor Ngcobo/ Independent Newspapers

Police Minister General Bheki Cele provided updates on investigations by the police into the murder of 36 people in Phoenix during the July unrest in the area. File Picture: Doctor Ngcobo/ Independent Newspapers

Published Jan 29, 2024

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A large portion of the black South African population in KwaZulu-Natal that were subjected to violent attacks during the July 2021 unrest in areas like Phoenix, Khan Road Corner, Verulam, Chatsworth, and Montclair were targeted because of their race, the South African Human Rights Commission (SAHRC) found.

This, as the SAHRC released its 252-page report into the July 2021 unrest that occurred in Gauteng and KwaZulu-Natal where malls and factories were burnt and looted.

The report investigated a number of topics stemming from the unrest and looting, including the causes, political factors, damage, and allegations of racially motivated attacks.

The commission investigated by conducting interviews with affected parties, from private individuals to civil and government organisations, from November 15 to December 3, 2021.

With regards to the racially motivated attacks against black South Africans during the unrest period, the SAHRC looked into allegations coming from places like the Khan Road Corner informal settlement in the Msunduzi Municipality, Nottingham Road in the uMngeni Municipality, Chatsworth, Shallcross, Montclair, Mobeni, Wentworth, Pinetown, Isipingo, and Phoenix.

Black South Africans who were attacked in these areas by Indian, coloured and white South African people either testified before the commission or submitted a report of their attack.

The SAHRC’s findings into these attacks indicated that black South Africans were targeted because of their race.

The commission found that commonly perpetuated stereotypes held against black individuals played a role in the attacks, together with misinformation spread throughout social media.

“Black African people were targeted based on their race. They were victims of racially driven attacks perpetrated by members of other racial groups.

“In the midst of this climate, the generalising notion of 'swart gevaar' (the perceived threat of black individuals) played a role in the violent attacks directed at black African people solely due to their race and their purported intentions during the unrest.

“There were a significant number of racially motivated killings and assaults that occurred at numerous roadblocks throughout Phoenix.

“The level of organisation involved in these acts, coupled with the lack of intervention by the mainly Indian police officers stationed at the SAPS office and the racist social media messages going around, points to a larger racial problem within the community.

“While the extent of racism of some Indian people towards some black African people in Phoenix and surrounding areas could not be definitively established, it is evident that there is a wider racial problem that goes to the actions of the immediate perpetrators,” the SAHRC report said.

But these racial attacks were because of a convergence of numerous factors, including historical events such as the 1949 and 1985 riots in Cato Manor and Inanda, respectively, as well as social inequalities, a lack of vision by the government to form social cohesion, and a police and intelligence agency that operated along factional political lines, according to the testimony of University of KwaZulu-Natal’s Professor Paulus Zulu.

In respect to the racially motivated attacks, Zulu said South Africa was a state and not a nation; therefore, the different groups within the state do not necessarily get along.

Zulu said instead of addressing issues of race, the economy, and the social fabric, the government has facilitated the privatisation of services for those who can buy them out of the State – private healthcare, private education, and private security.

The SAHRC also added that the racial attacks point to a much wider problem in society.

“While the extent of racism of some Indian people towards some black African people in Phoenix and surrounding areas could not be definitively established, it is evident that there is a wider racial problem that goes to the actions of the immediate perpetrators. This indicates the presence of underlying racial tensions and divisions within the community.

“These historical events (the 1949 and 1985 riots), when considered alongside the racially motivated killings and assaults during the July unrest, highlight the importance of addressing broader social harmony issues to prevent such incidents from recurring in the future,” the commission said.

The SAHRC also made several recommendations regarding the racially motivated attacks:

The JSCP Cluster must be victim-centred in its approach to the victims of unrest-relate interpersonal violence.

Support mechanisms proposed in the Victim Support Bill should be considered by the National Prosecuting Authority (NPA) during the course of criminal procedures.

The Commission also recommended that Parliament further develop the VSS Bill to fully support and achieve a victim-centred approach, which may assist victims towards restorative justice.

For victims of unfair discrimination to approach the Equality Court and seek justice against their perpetrators.

For South African organisations, including the SAHRC, government departments, and civil society, to tackle systemic racism and cultivate a unified national identity.

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