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The Zimbabwe Exemption Permit Holders Association (Zepha) has lodged an official criminal complaint against Sports, Arts and Culture Minister Gayton McKenzie with the International Criminal Court (ICC), accusing him of being personally responsible for several crimes against humanity committed against African foreign nationals in South Africa<\/span><\/span>.<\/p>\n Read:<\/p>\n McKenzie, who is also the leader of the Patriotic Alliance, is accused of making statements that threaten the safety of African foreign nationals, specifically Zimbabwean and Mozambican nationals, seeking healthcare services at South African hospitals.<\/p>\n eNCA reported in 2022 that McKenzie said he would not hesitate to switch off a foreign national\u2019s oxygen supply in order to save a South African.<\/p>\n These comments came days after then Limpopo Health MEC Phophi Ramathuba was filmed lambasting foreign nationals for overburdening South Africa\u2019s health system.<\/p>\n Claims of state inaction<\/strong><\/p>\n \u201cMr 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,\u201d the complaint states.<\/p>\n \u201cThe South African president, prosecution services, parliament, and the judiciary has failed or refused to take any action against McKenzie.\u201d<\/p>\n<\/blockquote>\n \u201cIf 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.\u201d<\/p>\n Moneyweb reached out to McKenzie\u2019s office for comment but had not received a response at the time of publication.<\/p>\n ADVERTISEMENT<\/p>\n CONTINUE READING BELOW<\/p>\n<\/div>\n<\/div>\n The complaint comes at a time when President Cyril 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.<\/p>\n Read\/listen:<\/p>\n He acknowledged the growing concerns over illegal immigration and promised to come down on those violating SA\u2019s immigration laws, but warned against the spread of xenophobia.<\/p>\n \u201cI must make it clear that only the authorised government officials may act against violations of the law, including violation of our immigration laws. No other person is allowed, for example, to confront someone in the street to demand proof of nationality.<\/p>\n \u201cWe know that South Africans are not xenophobic as there is no space for xenophobia, racism, sexism, Afrophobia or any other forms of intolerance in South Africa.\u201d<\/p>\n \u2018Grave\u2019 concerns<\/strong><\/p>\n The heat appears to be building on McKenzie, with the Economic Freedom Fighters (EFF) calling on Ramaphosa to take action against his arts and sports minister for promoting anti-foreigner sentiment.<\/p>\n Ghana and Nigeria have summoned South Africa\u2019s high commissioners in their respective countries to express concerns over the treatment of their citizens in SA, while several other countries have issued travel advisories warning their citizens on the dangers of traveling to SA.<\/p>\n Read:<\/p>\n The African Commission on Human and Peoples\u2019 Rights (part of the AU) has expressed grave concern over the situation, and has called on South Africa to investigate incidents of violence, hold perpetrators accountable, and take measures against vigilante groups.<\/p>\n Making threats\u00a0<\/strong><\/p>\n ADVERTISEMENT:<\/p>\n CONTINUE READING BELOW<\/p>\n<\/div>\n<\/div>\n In March, ActionSA said it would lay charges against McKenzie for threatening the party\u2019s parliamentary member Dereleen James for questioning his travel expenses and Patriotic Alliance colleague Kenny Kunene\u2019s alleged links to crime figure Katiso Molefe.<\/p>\n Kunene was later cleared of wrongdoing, while McKenzie has denied making threats against James.<\/p>\n The Zepha complaint before the ICC says that McKenzie\u2019s motivations are based on more than just hatred \u2013 it alleges that he has profited politically as well as economically.<\/p>\n \u201cMr McKenzie\u2019s 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,\u201d according to the complaint.<\/p>\n<\/blockquote>\n \u201cHis incitement of violence, based on the subsequent public reaction, at the very least, was carried out by former members of his criminal gang, in addition to several members of the South African public who are themselves criminals for participating in widespread, state sponsored, xenophobic attacks, which constitute crimes against humanity.\u201d<\/p>\n The complaint further alleges that these actions violate the Rome Statute on crimes against humanity, which prohibits the persecution of any identifiable group and the deportation or forcible transfer of populations.<\/p>\n \u2018Enough is enough\u2019<\/strong><\/p>\n 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.<\/p>\n \u201cFor too long, this marginalised group has been persecuted, and even worse, without any action taken against the perpetrators because they are South African, and unfortunately the international community believes that South African nationals are superior to other foreign nationals,\u201d the complaint states.<\/p>\n ADVERTISEMENT:<\/p>\n CONTINUE READING BELOW<\/p>\n<\/p><\/div>\n<\/div>\n \u201cA similar belief led to the genocide in Rwanda, and the current wide spread xenophobic violence in South Africa, which targets African foreign nationals.<\/p>\n \u201cEnough is enough.\u00a0The time has come for the international community, specifically the International Criminal Court to carry out its mandate, and hold South African nationals who commit crimes against humanity to account.\u201d<\/p>\n Zepha lead counsel, Advocate Simba Chitando, says many more South Africans will be referred to the ICC in the coming weeks.<\/p>\n<\/blockquote>\n He adds that while representing Zepha, he has been targeted by all the branches of the South African government for representing African foreign nationals allegedly denied access to medical services at SA hospitals.<\/p>\n SA\u2019s justice system complicit \u2026\u00a0<\/strong><\/p>\n \u201cThe South African justice system has self-evidently failed to take any action to bring individuals who are responsible for inciting widespread, state sponsored, crimes against humanity that specifically target foreign African nationals,\u201d says Chitando.<\/p>\n \u201cIn my view, and that of many, the South African criminal justice system is complicit in the perpetration of these crimes against humanity, which takes place in broad daylight and are recorded, then distributed by the criminals themselves with impunity.<\/p>\n \u201cRegrettably, in many cases the police, Home Affairs staff, and high ranking members in branches of the South African government are the worst offenders.\u201d<\/p>\n Read:<\/p>\n #Gayton #McKenzie #reported #ICC #xenophobia #incitement<\/p>\n","protected":false},"excerpt":{"rendered":" The Zimbabwe Exemption Permit Holders Association (Zepha) has lodged an official criminal complaint against Sports, Arts and Culture Minister Gayton McKenzie with the International Criminal Court (ICC), accusing him of… 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