The Commission is equally concerned by the reported killing of a non-national who was allegedly beaten to death by protestors in Durban’s Central Business District on 22 October 2026. The Commission is deeply concerned by this incident, which represents a grave violation of the right to life and human dignity. Assault is a criminal offence under South African law, and those responsible must be held expeditiously accountable through the criminal justice system. The reported circumstances is a crime against humanity which demands urgent investigation, accountability and justice.

 Section 11 of the Constitution of the Republic of South Africa, 1996, guarantees that everyone has the right to life. This right is fundamental to protecting all other human rights. It applies to every person within the Republic, irrespective of nationality, immigration status or country of origin. No individual or group has the authority to take the law into their own hands or to deprive another person of life.

The Commission recognises the right of individuals to assemble, demonstrate and express their concerns peacefully. However, these rights must be exercised within the law. Disagreements about immigration, unemployment, crime or access to public services cannot justify violence against anyone. The South African Police Service must address allegations of unlawful conduct, as it is responsible for upholding and enforcing the law. The Department of Home Affairs should address issues related to illegal immigration in line with its constitutional obligation to manage the identity, civic status, and migration of all citizens and residents. Mob violence, assault and murder have no place in a constitutional democracy founded on human dignity, equality and freedom.

The Commission calls on the South African Police Service to conduct a thorough investigation, identify those responsible, and ensure they are brought before the courts. It further urges law enforcement authorities to take all appropriate measures to prevent further violence and protect all people's lives and safety. The Commission calls on community leaders, civil society organisations and public representatives to reject violence and promote peaceful engagement, social cohesion and respect for human rights.

The loss of a human life is an irreparable tragedy and, under these circumstances, a travesty of our Constitution. The circumstances surrounding this incident must not be obscured by the broader debate on migration. Every person is entitled to equal protection under the law. The Commission reiterates that the right to life is non-negotiable and that no person should face violence or death because of their nationality or perceived immigration status.

ENDS