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Prosecutor-General Mr Johannes Tomana

Fidelis Munyoro Harare Bureau—
ZULU King, Goodwill Zwelithini, should be hauled before the International Criminal Court for inciting South Africans to unleash terror on black foreign nationals in that country, Prosecutor-General Johannes Tomana has said. Victims could sue the South African government, Zimbabwe’s top prosecutor added.

“South Africa is guilty of breaching international law and unless they do something to address that violation, they will stand condemned in front of all right-thinking international citizens,” said Tomana.

Zwelithini has largely been blamed for fuelling xenophobic tension in KwaZulu-Natal while giving a speech in Pongola this month. He made offensive remarks about foreigners, describing them as “lice”.

Information, Media and Broadcasting Services Minister Professor Jonathan Moyo has said Zwelithini’s comments amounted to “hate speech”, as he warned that xenophobia could quickly mutate to genocide.

“He can be dragged to the international tribunals for that kind of violation,” said Tomana, referring to King Zwelithini’s utterances.

Foreigners, said Tomana, also enjoyed the protection of their rights in terms of the South African Constitution.

“Those rights that are protected are actually being violated. It actually creates a basis for you as a victim to claim damages,” he said.

Tomana said the obtaining situation across the Limpopo placed an obligation on the South African government to take appropriate measures to stop xenophobic attacks on foreigners.

“The South African government must account for the culprits and redress the injury that has been afflicted on those that have been victims of the barbaric behaviour,” he said.

He also urged governments from where the victims come “to insist that justice must be done”.

“They must insist that the barbaric conduct stops forthwith against their citizens. They must take steps that make them (SA) to account.”

Meanwhile, Kenya’s new ambassador to Zimbabwe Lucy Jebet Chelimo said the xenophobic attacks were a stain on the African culture of tolerance.

Speaking to journalists after presenting her credentials to President Robert Mugabe at State House, Chelimo said the behavior being demonstrated by South African mobs was “un-African”.

“It’s unfortunate and I believe it’s also un-African. We’re people who’re very accommodative and I would like to extend a call for accommodation for any other person living in the neighbourhood or within South Africa,” she said.

South Africa is a signatory to both the Universal Declaration of Human Rights and the Banjul Declaration of African Charter on Human and People’s Rights.

The Banjul Declaration gives emphasis on the rights of people not individuals as with the United Nations Universal Declaration of Human Rights.

Tomana yesterday gave a lecture at the National Defence College on the need to balance the protection of human rights and national security.