Pretoria - Violent attacks against foreigners have become a common reality in South Africa.
These senseless and mostly unsolicited xenophobic incidents are difficult to reconcile with a post-apartheid reality, according to a judge in turning down the appeal of a man who murdered a Congolese citizen and attempted to also kill his brother.
Azila Gila turned to the Western Cape High Court to appeal against the 20-year jail sentence meted out to him following the incident.
The court heard evidence that on February 25, 2017, the deceased and his brother were walking home after work. They were talking and passing other people in the street when they were approached by four men who started attacking them, without any provocation.
They were stabbed with knives and attacked with a beer bottle. The deceased, who was only identified as Mr K in the judgment, managed to run away from the attackers. He, however, returned to the scene to try to rescue his brother, who was still under attack.
The brothers were stabbed again by two of the attackers, after the other two attackers had fled the scene. This time the man was kicked in the leg and he fell. One of the assailants, who was later identified as Gila, knelt over the deceased, who was lying on his back, and stabbed him repeatedly.
The two brothers were eventually taken to hospital for treatment, but the one brother died in hospital from multiple stab wounds across his body.
The court was told that on the same evening there was another attack on foreign nationals in the same area, but the complainant was too scared to press charges.
Gila claimed that he was not involved in the altercation, but he testified that he saw another man calling two foreigners, who were walking in the street. He said they ignored the call and the man started to stab one of the brothers with a knife.
“I saw the other foreigner turn around and he took a screwdriver out of his bag. The foreigner started to stab this guy with the screwdriver in his back. I took a bottle of beer and threw the foreigner with it (sic),” he explained.
According to Gila, the brothers ran away and that was the end of the altercation. His evidence was, however, rejected as it was found that he had sat on the deceased’s chest, and repeatedly stabbed him.
Acting Judge J De Wet said: “There is no law against xenophobia, and it consequently rears its toxic head through other crimes such as murder, robbery, assault, theft, discrimination and many others. It is thus only through other laws that the courts can assist in combating this kind of infringement on basic human rights.”
The judge stated that everybody, be it South African citizens or foreign nationals, was entitled to move around freely and in a safe environment.
“The role of the law in curbing xenophobia is found in the Constitution which states: ‘Everyone has the right to freedom and security of the person’.”
Gila’s conduct was described by the court as being “a heartless, relentless callous, pitiless attack on these two people”.
The judge said the violent crimes Gila was found guilty of and sentenced for were plainly underpinned by xenophobia.
Pretoria News