Abstract
South Africa’s crime rate has propelled it into a realm comparable to war-torn nations. Amid the extensive discourse surrounding the interplay between foreign nationals and criminal activity, scholarly attention directed towards this complex relationship remains limited. While academia has extensively examined migration and immigration dynamics, South African research concerning foreign nationals has been notably overshadowed by the presence of xenophobia. Through a qualitative inquiry, in-depth and face-to-face interviews were held with 40 African and Asian offenders. The paper makes an empirical contribution to academic discourse by revealing the violent nature of crimes committed by foreign offenders in South Africa.
Introduction
Immigration has become a reality that affects the global world as modern society increasingly becomes more interconnected. South Africa has experienced an influx of both documented and undocumented foreign nationals. Post-apartheid South Africa implemented a liberal policy that allowed thousands of migrants seeking better prospects to come to South Africa (Jansen van Rensburg, 2023; Kanayo et al., 2019; Vigneswaran, 2020). Even though regulations and policies govern foreign nationals in the country, immigration, particularly illegal immigration, to South Africa has increased (Ncube and Tracey, 2020). There are compelling reasons for immigration, which alternate between push and pull factors. Internal conflicts, war, natural catastrophes, inadequate health care and a lack of necessities are push factors. On the contrary, pull factors influence migration to a host country due to perceived conducive working conditions, social security and inadequate border control (Clayton and Manyena, 2022; Kanayo et al., 2019; Koepp, 2020; Moyo, 2020; Phepheng, 2020). South Africa recognises legislated classifications of foreigners in the country, including refugees, asylum seekers, migrants and immigrants, regardless of their documented status (Ncube and Tracey, 2020).
Crime is a major challenge facing South Africa and the Criminal Justice System (Mbewu et al., 2021). Evidence of foreign nationals’ involvement in crime is derived from official crime data published by the South African Police Service (SAPS). Contact crimes (crimes against the person) have increased significantly in the 2021/2022 crime statistics report. Murder, attempted murder, sexual offences and assault with intent to inflict grievous bodily harm have increased by 26.1%, 18.1%, 14.0% and 13.6%, respectively (SAPS, 2021/2022). South Africa has the third-highest crime rate in the world, surpassing many war-torn nations (Kollamparambil, 2018; World Population Review, 2023). Numerous variables have been identified as contributing to the high crime rate, including extreme poverty, inequality, unemployment, social marginalisation and the normalisation of violence.
The nexus between foreign nationals and violent crimes has been debated in different forums, but scientific research on this relationship has garnered little attention. The tragedies and complexities associated with xenophobia in South Africa may obscure the actual contribution of foreign nationals to crime. The South African prison population accounts for 143,223 incarcerated inmates during the 2021/2022 period (Department of Correctional Services (DCS), 2021/2022). The South African Minister of Justice reported that there are nearly 18,000 foreign nationals who have been incarcerated in the country’s correctional facilities between 2017 and 2022 (Njilo, 2022). According to statements reiterated by governmental authorities and reports from the media, foreign nationals cannot be attributed as the predominant source of crime in South Africa. In contrast, a significant portion of criminal activity within the country is perpetrated by South African citizens (Kollamparambil, 2018; Nkanjeni, 2022).
This paper is informed by the following research question ‘What is the nature of violent crime committed by foreign offenders incarcerated in South African Correctional Centres?’. Through its unique contribution, despite a dearth of research on the topic, 40 incarcerated foreign offenders shed insight into the nature of the violent crimes they committed in South Africa. The findings illuminate the complex and multifaceted nature of criminal behaviours among foreign offenders in South Africa. Its significance lies in the insights provided into the prevalence of violent crimes, the societal factors contributing to these behaviours and the implications for victims, communities and the criminal justice system. The paper is structured as follows: crime committed by foreign nationals is contextualised in the South African milieu, the research methodology underpinning the study is explained, and the findings and discussion emanating from the raw data are accentuated.
Contextualisation of the nexus between foreign nationals and crime
In South Africa, citizenship is defined by the South African Citizenship Amendment Act of 2010. This Act classifies how citizenship can be acquired in South Africa, such as citizenship by birth, descent or naturalisation. Citizenship represents the link between the state and the holder. Thus, the official status of participation in a political and legal institution, as well as the rights and obligations that come with it, distinguishes citizenship. South Africa groups refugees, migrants and immigrants under the umbrella term ‘foreign nationals’ (Khan, 2018).
Historically, migration, in response to population increase, climatic change and economic needs, has presented a variety of issues. Economic, political and social factors remain the principal reasons for migration to South Africa (Castles, 2019; Kanayo et al., 2019). Foreign nationals are discriminated against based on psychological factors (beliefs about foreigners, ignorance and misinformation), economic and employment competition and exploitation of government services such as public hospitals (Gordon, 2020). However, one of the chief and consistent reasons for negative attitudes towards foreign nationals is their perceived role in criminal activity in South Africa (Crush and Williams, 2018; Gordon, 2020; Moagi et al., 2018).
It is estimated that there are approximately 3.95 million foreign nationals living in South Africa (Gordon, 2020). According to the Minister of Justice and Correctional Services of South Africa, in 2020, 3257 foreign nationals were incarcerated, and 1550 were sentenced; in 2021, 3523 were incarcerated, and 1743 were sentenced (Njilo, 2022). Foreign nationals who commit crimes in South Africa are arrested and undergo trial unless they meet extradition criteria. Extradition is the physical surrender of a person by one country (the requested country) at the request of another country (the requesting country) for a trial or serving a sentence. The principles governing extradition frequently overlap with the principles governing deportation since extradition includes the forcible removal of a person from one country to another (Ncube and Tracey, 2020). The lengthy prerequisites and processes involved in extradition make it difficult to deport offenders regardless of legal status. On completion of serving their sentence, the Department of Home Affairs is responsible for their release or deportation, depending on their status (Njilo, 2022).
A comprehensive definition of violence requires that behaviour must be deliberate, unwanted, excessive and harmful (Hamby, 2017). The public health approach to violence proposes a typology of violence by combining psychological, sociological and criminological perspectives on violence. It divides violence into three types: self-directed, interpersonal and collective. The focus of this paper is on the latter types of violence. Interpersonal violence is classified into two types: family and community violence. Family violence occurs within the home among family members and intimate relationships. People who may or may not know each other commit community violence, frequently in public areas. Moreover, political, economic and social reasons drive collective aggression (Brankovic, 2019).
South Africa is regarded as one of the world’s most crime-prone societies. While crime rates have decreased globally, South Africa’s crime rate continues to show a consistent incline. The high crime rate is attributed to many factors such as extreme levels of unemployment, poverty, inequality and a culture of violence (Bhorat et al., 2017; Brankovic, 2019; Kollamparambil, 2018). The culture of violence is exacerbated by toxic masculinity, lack of social unity, access to illegal firearms and substance abuse. Through an ecological lens, violence derives from intricate interactions in an individual’s social, communal and family structures (Brankovic, 2019).
Global research on migration and immigration is vast, comprehensive and ongoing (Arar et al., 2019; Kutor et al., 2021; Torkington and Ribeiro, 2019). However, much of the South African research involving foreign nationals is centred on issues surrounding xenophobia (Field, 2017; Gordon, 2020; Jansen van Rensburg, 2023; Khan, 2021; Ngcamu and Mantzaris, 2019; Uwimpuhwe and Ruiters, 2018; White et al., 2020). Consequently, far too little attention has been paid to the descriptive nature of the violent crime committed by foreign nationals in South Africa. Thus, such a contribution is imperative in exploring the nature of violent crimes committed by foreign offenders. Furthermore, this paper provides a scholarly contribution to the field of African and Asian studies by delving into matters concerning social dynamics and conflict, international relations, human rights considerations, nuanced narratives and the fostering of community cohesion, all within the distinctive African context. Thus, the paper enhances a holistic exploration of challenges facing Africa which can lead to informed solutions, improved relationships and a more comprehensive understanding of the continent’s diverse dynamics.
Research methodology
The goal of the paper is to move beyond the discourse of xenophobia in Africa by unravelling the contribution of violent crimes committed by foreign offenders in South Africa. Qualitative research seeks to improve understanding of circumstances, environments and people. A phenomenon, event, circumstance or environment that is the subject of a qualitative inquiry is one about which a person has a personal experience, opinion or story to contribute (Schurink et al., 2021). In that it focuses on the interaction between the individual under investigation and his lifeworld, the paper was driven by interpretative phenomenology. It assumes that participants understand the world and themselves. While reflecting on the researchers’ experiences and observations, it attempts to discover the essence of the participants’ experiences and perceived reality (Neubauer et al., 2019; Schurink et al., 2021). Eatough and Smith (2017) sum interpretative phenomenology up as examining the whole about its constituent parts, the constituent parts about the whole, and the settings in which the whole and the parts are embedded, all while remaining open to new interpretations of the data.
A non-probability method, as well as purposive sampling strategies, were employed to recruit research participants (Strydom, 2021). The collection of empirical data relied on the Correctional Service Case Management personnel to assist in identifying the target group based on official records. To be eligible for taking part in the study, participants had to be over the age of 18 years, foreign nationals and convicted of and serving a sentence for a violent crime in South Africa. In-depth and face-to-face interviews were held with 40 offenders serving their sentences at Baviaanspoort, Kgoši Mampuru, Krugersdorp and Zonderwater Correctional Centres. The interviews were conducted by the first author and took between 60 and 90 minutes to complete. Moreover, the interviews were recorded, transcribed and translated (where necessary) by the first author. The study was ethically endorsed and guided by the University of South Africa’s Ethical Review Committee. Subsequently, permission was obtained from the Department of Correctional Services, and informed consent was obtained from the participants to conduct the study and report on its findings.
Offenders are categorised as vulnerable, hard-to-reach marginalised populations (Rossiter et al., 2020; Shafi, 2020; Shaw et al., 2020). Consequently, Shafi (2020) asserts that when studying vulnerable people with limited voice, everything they choose to share with the researchers must be regarded as valid. Moreover, trusting participants in what they choose to share rather than judging their credibility is central to ethical research. The first author strived to develop rapport during the interview process by ensuring that research participants felt safe, respected and heard (Shaw et al., 2020). Furthermore, interview methods based on the principles of connectivity, humanity and empathy were imperative when interviewing ‘doubly vulnerable’ participants (Shafi, 2020). Pseudonyms were used to protect the identity of the participants.
The interview transcripts were analysed thematically as guided by Braun and Clarke (2006). The data were read and reread several times, and tentative codes were identified. Themes and sub-themes were discussed and then evaluated. Following that, the themes were refined, and the findings were written up in research articles (Maguire and Delahunt, 2017). Verbatim extracts are used to amplify the voices of the participants.
Findings and discussion
A synopsis of the participants’ background and context
Forty male offenders incarcerated at four Correctional Centres in South Africa were interviewed. The participants are all foreign nationals hailing from Mozambique (n = 14), Zimbabwe (n = 6), Nigeria (n = 5), Lesotho (n = 4), Democratic Republic of Congo (n = 2), Tanzania (n = 2), Malawi (n = 2), Pakistan (n = 2), Senegal (n = 1), Ethiopia (n = 1) and Angola (n = 1). Interestingly, the sample includes a set of identical twins (Allen and Nillan) from Tanzania and brothers (Saad and Hamza) from Pakistan. Most of the participants (n = 38) were from the African continent except two brothers from Pakistan (South Asia). Their ages, at the time of the interviews, range from 27 to 56 years old. Their level of education varied from no educational background to tertiary education. They grew up in nuclear families (n = 18), single-parent households (n = 9), extended families (n = 7), divorced families (n = 3) and polygamous families (n = 3). Participants reported being single (n = 22), married (n = 13), divorced (n = 3), separated (n = 1) and widowed (n = 1).
All participants were convicted of violent crimes such as aggravated robbery, house robbery, kidnapping, human trafficking, rape, rape of minors, attempted murder and murder. Often, crime does not happen in a vacuum but is committed in conjunction with other crimes, as reflected in Table 1. The findings and discussion of the study highlight the violent crimes committed by foreign offenders as well as the associated offences they were charged with.
Demographic profile of participants.
Robbery
The participants reported being involved in various types of robbery including common robbery, aggravated robbery, armed robbery and house robbery. Robbery is a feared crime in South Africa because it is not only rampant but also frequently coupled with violence and other crimes. Robbery is described as the intentional use of physical force or power, threatened or actual, against another person, a group or community, with a high probability of causing psychological harm, maldevelopment, injury or death. Accordingly, the threat of using force qualifies robbery as an act of violence (Bowman et al., 2024). The severity of the injuries, psychological stress and deprivation are determined by the level of force, weapon, nature of the threat and stolen property. Furthermore, robbery is a type of interpersonal violence in South Africa because it affects the community (acquaintance or stranger) and results in various traumas such as physical (assault, attempted murder or murder), sexual (sexual assault, attempted rape or rape), psychological (threat of force) and deprivation (loss of property) (Bowman et al., 2018, 2024; Huigen, 2020; Jansen van Rensburg, 2023; Klopper and Bezuidenhout, 2022). Hondo, Abacar and Shakil shed light on the robbery and the associated crimes they committed. They were adamant that the crimes were not premeditated and, despite the severity of the crimes and violence imposed, transpired ‘accidentally’. The inclusion of peers or companions during the perpetration of these offences elucidates the impact of peer pressure and group dynamics on individual behavioural patterns. Research indicates that individuals with poor integrated internal standards or who have been socialised in an environment that promotes aggressive behaviour are more likely to pursue aggressive behaviour (Bartol and Bartol, 2017; Krischer et al., 2020; Lorestani et al., 2022). Shakil’s awareness of his co-accused’s violent past and tendency to seek revenge against those involved in his convictions implies a consistent pattern of criminal conduct and affiliation with established criminal circles:
It was an accidental thing. I didn’t plan it. I’m in for robbery, eh, aggressive. I was with my friend in a suburb, and we decided to do a daylight robbery. We found a domestic worker. We threatened her and we were very aggressive. We took cell phones and laptops, and we were aggressive and threw things around and kept threatening the domestic worker. (Hondo, 45-year-old Zimbabwean) The crime committed happened at around 4 am while we were going to a train station so as we were walking, we saw a security car. So, we panicked and decided to jump the wall and hide in that yard, then we decided to go into that yard. I was with two of my friends. We then decided to go into a house, and we found our victim alone. So, we decided to steal from her and rape her. (Abacar, 36 years old, Mozambique) I was self-employed so one Friday I was with my friend at a tavern then when it got late, I asked for a lift home. I knew this guy because we both come from Mozambique. I was drunk and he decided to drive to some house. A lot of horrible things happened. To be honest, I feel remorse, it was bad. There was rape, attempted rape, assault and kidnapping. There were about 7 people in the house. We took phones. My co-accused is the most wanted man in Mozambique. The government is looking for him. He is dangerous. I was only asking for a lift. He had previous convictions; he would even go to the extent of killing whoever contributed to his being convicted. He killed government officials. I think he planned it. (Shakil, 34-year-old, Mozambique)
The participants’ narrative accounts indicate a high level of violence and disregard for the victims’ well-being. Moreover, being under the influence of alcohol during the commission of the offence implies that consuming alcohol might have hindered cognitive faculties. Despite the varying degrees of planning and violence involved in the crimes described, all three offenders express some level of remorse or acknowledgement of the seriousness of their actions. This theme highlights the complex interplay between individual responsibility, external influences and the moral implications of engaging in criminal behaviour.
According to the participants who committed robbery, additional crimes such as possession of illegal firearms, selling of illegal substances, assault, kidnapping, attempted rape, rape, attempted murder and murder. This is a common practice when committing robbery in South Africa (Bowman et al., 2024; Matzopoulos et al., 2019; Samuel et al., 2022). Thus, the participants’ crimes expose the violent nature of robbery committed by foreign offenders. This is in line with the SAPS Gauteng Provincial Commissioner Lieutenant-General Deliwe de Lange’s observation that about 60% of perpetrators arrested for violent crimes in Gauteng province are committed by illegal foreign nationals (Newham, 2017).
Faraji, Sheziel and Mussa share how their robberies escalated to murder:
I had to survive. I started stealing when I was 21 years old. The victims are all white. Black people will bewitch you, so with white people you are safe. A friend from Zimbabwe told us that we should go and rob white people at a lodge in Brits. So, our friend who recruited us decided to shoot and it was at a child’s birthday party. It was a party of 48 or 50 people. Then my friend shot one guy who did not want to cooperate. It was a fatal shot. The victim died in hospital. We stole jewellery and cell phones. (Faraji, 27 years old, Mozambique)
We planned to rob the victim. We looked at the house first and saw and monitored their lifestyle and then we acted on our plan. We entered the premises at around 20:00. They were staying on a plot. We suspect they were tipped because when we got there, they were ready for us. See, we attempted to get to one plot first and we couldn’t, so we proceeded to our target. The owners started shooting at us and we shot them back. So, we told them what we wanted, and the husband was stubborn, so we shot him in the leg first and told him to drop the gun, but he refused. He was not cooperative and so my co-accused decided to shoot him. We then ransacked the house and the money we got was not enough, it was just R30000.00. We also took plasma TVs, laptops, and jewellery. (Sheizel, 37-year-old Mozambique)
I met a friend from back home, so this friend took his brother-in-law from Zimbabwe to go to a tavern. We were all drunk and my friend and the brother-in-law started fighting. Then my friend stabbed his brother-in-law in the neck, and he died on the spot. We ran away. Our running away got us in trouble. We were then all co-accused of murder. Our friend, the one who stabbed, took his brother-in-law’s car and sold it in Kempton Park. He also fled. We don’t know where he went, so the police arrested us. (Dulani, 29 years old, Malawi)
We were hijacking a car, and I was the getaway driver. The person we were hijacking didn’t have money. So, we said he must phone someone to bring money. We acted like police officials. When his people realised we were not police officials we shot the victim in the stomach. (Mussa, 37-year-old Mozambique)
The above narratives reiterated that these crimes were committed in groups suggesting a pattern of collaboration and shared responsibility for the violent outcomes. A level of planning and premeditation is reflected in the accounts. Faraji rationalises his actions based on cultural beliefs and perceptions of safety, highlighting potential moral justifications used by offenders to justify their criminal behaviour. Both Sheizel and Faraji recount encounters where the victims resisted their robbery attempts, leading to violent confrontations. Moreover, Sheizel and Mussa’s accounts involve the use of violence as a means of coercion to extract compliance from the victims. Sheizel’s narrative involves a confrontation where the victims fought back, resulting in the perpetrators resorting to lethal force. Mussa describes a scenario where the victim’s refusal to comply with demands led to the use of lethal force.
Sexual offences
Many of the participants were convicted of sexual offences. Rape is defined as unlawful and intentional oral, anal or vaginal penetration without consent under the South African Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 (Republic of South Africa, 2007). Furthermore, rape is a major human rights violation. According to population-based prevalence studies conducted in South Africa, between 28% and 37% of men admitted to committing rape while 12%–25% of women reported being victims of rape (Abrahams et al., 2020). Ominously, South Africa has been labelled the ‘rape capital of the world’ (Mgolozeli and Duma, 2019). Moreover, sex offences conjure moral disdain and immense fear in communities (Jordaan and Hesselink, 2018). The frequency of rape in South Africa is among the highest in the world. Rape assumes a particularly severe form, with multiple-perpetrator rapes and high rates of rape-related murder (Goldblatt, 2018). The South African Medical Research Council’s survey revealed that one in four men had admitted to committing rape (World Population Review, 2023). However, these statistics and reports are limited by the absence of the ‘foreign national’ category. Chiemeka and Ktleho explain the circumstances surrounding their sexual offences:
I drank a lot. I tend to be aggressive, start fights and I later regret my actions. When I’m intoxicated, I’m uncontrollable. I’m here for a sexual offence. I was in the house with my 28-year-old girlfriend and her 19-year-old friend. I thought we were just chilling but later I heard the policemen knocking at my house and I was accused of rape, human trafficking, sexual assault, and illegal possession of drugs. (Chiemeka, 40-year-old Nigerian) I had an affair with my mistress. She was using me financially but did not want to have sex with me. So, one day I was angry and felt I was going to teach her a lesson. She is used to fooling around with men, not with me. So, I took her from her place of residence to my workplace and I forced her to have sex with me. She threatened me that she was going to open a case and I told her she could go ahead, but she was going to sleep with me whether she liked it or not. She messed me up and now I am incarcerated because of her doings. (Katleho, 43-year-old, Lesotho)
Both Chiemeka and Katleho attribute their actions to alcohol consumption, with Chiemeka acknowledging that he becomes aggressive when intoxicated and Katleho expressing anger and aggression towards his mistress when under emotional strain. Furthermore, they seem to minimise their blame for the crimes committed. Despite admitting to abusing alcohol and aggressive and uncontrollable behaviour, Chiemeka seemed surprised at how his situation escalated to being convicted of rape, human trafficking, sexual assault and illegal possession of drugs. In a quantitative, comparative study conducted on rape myth acceptance in the United States, South Africa, Ghana and Nigeria, it was found that Nigerians were most likely to endorse rape myths. Rape myths are oppressive ideas that consist of largely erroneous attitudes and beliefs that are commonly and persistently held, and that serve to deny and excuse male sexual aggression towards women (Fakunmoju et al., 2021). Katleho brazenly blames his victim for his actions and incarceration. Rape seemed transactional as he believed his mistress was financially indebted to him and consequently owed him sex. He kidnapped and raped her as a means of teaching her a lesson. Katleho’s narrative highlights a desire for control and manipulation over his mistress, as he admits to forcing her into sexual activity against her will and dismissing her threats to report him to the authorities. Katleho’s narrative involves gender dynamics, with him exerting power and control over his female mistress, reflecting broader issues of gender-based violence and inequality. The above accounts underscore a pattern of exploitation and abuse of power. Harmful patriarchal beliefs about women sustained through control, dominance and violence are common in African countries (Azuike, 2020; Benstead, 2021; Kariuki and Jansen van Rensburg, 2022).
In South Africa, child sexual abuse is widespread and ongoing (Artz et al., 2018; Bougard and Hesselink, 2022; Venketsamy and Kinear, 2020). One in three children, in South Africa, experiences physical or sexual abuse before turning 18 years old (Jamieson et al., 2017). Yudi, Moussa, Chima, Xadreque and Armando share details of their involvement in the rape of minors. Their anecdotes are similar in that their perceived responsibility for the crimes is reduced:
Rape of underage children. Both are South African. The kids that I raped are my girlfriend’s. I was framed. My girlfriend took R23 000.00 ($1241.98) from me and ran back to Natal. (Yudi, 46-year-old, Democratic Republic of Congo) I’m sentenced for rape. My wife had one child born in 1996. The same child claimed I raped her when I was trying to show her the way. She was 13 years old. (Xadreque, 54-year-old, Mozambique) This woman I was staying with, that’s where the problem came. I found her with four kids. My partner was giving me an attitude. We once called a meeting because of our problems. I even left our home for two weeks. We were always quarrelling. I had an affair with my 13-year-old stepdaughter. She was acting like a woman to me. She was pressuring me to sleep with her. I was sentenced for rape. (Armando, 41 years old, Mozambique) I was working with a Mozambican guy and sold him a car for R25000.00 ($1349.98) but he did not pay me. He refused to pay me, and we ended up fighting. Then he accused me of raping his child. The victim was 13 years old. (Moussa, 42-year-old, Senegal) The little girl used to do her hair at my hair salon. So, one day she came to my salon early in the morning before she went to school, she wanted me to spray her hair. I was busy braiding a client, but I fixed her hair and she left for school. Later, I realised my phone was missing. I even accused the client I was braiding. So later that day the mother of the 10-year-old girl came to my salon shouting and accusing me of rape. She said I bribed the girl with my phone. The private doctor testified and said the finger entered. That girl used to sleep around. The mother just accused me because I’m a foreigner. That girl had a boyfriend. (Chima, 44-year-old, Mozambique)
Yudi, Xadreque and Armando are convicted of raping their intimate partners’ children. Through Xadreque’s response, he justifies his actions as a means of attempting to teach a 13-year-old girl sexual behaviour. Meanwhile, Armando diminishes the rape of a minor to an affair. Victim blaming is blatant as he condemns his stepdaughter for ‘seducing’ him and coercing him to have sex with her. Moussa and Chima attributed the rape of their minor victims to business dealings that went wrong. Although Moussa says he was accused of raping a colleague’s daughter, he was convicted of this crime. Chima postulates that the 10-year-old girl he is convicted of raping is sexually promiscuous. Victims of rape are often blamed for their assault as compared to other interpersonal crimes (Bhuptani and Messman, 2023; Finchilescu and Dugard, 2021; Gravelin et al., 2019). Despite the participants’ minimisation of their actions, rape has traumatic and lasting effects on its victims.
Victims of rape experience long-enduring health implications including psychological and physical morbidities. Victims of rape report higher levels of posttraumatic stress disorder (PTSD), anxiety disorders, depression and suicidal tendencies. In South Africa, women who have been raped were found to have a higher risk of mental health problems than women with other traumatic experiences. Rape increases the chance of contracting sexually transmitted diseases and infections, unplanned pregnancies, unsafe abortions and maternal and child health implications. Rape can result in physical harm to the body, including detrimental harm to the genital region. Moreover, the trauma of rape can influence lifelong trajectories in its victims such as poor health care, substance abuse and risky behaviour (Abrahams et al., 2020; Grose et al., 2021; MacGregor et al., 2019).
Attempted murder and murder
Criminal law defines murder as the intentional, unlawful killing of a person (Yesufu, 2022). The most significant and practical way to measure crime is through murder. It is the most serious and final crime. In addition, it arguably provides the most accurate statistics because bodies are difficult to conceal, thus increasing reporting thereof. As per the recent statistics released by SAPS (2021/2022), there is a 5% chance that people living in South Africa will be murdered (Damons and Geffen, 2023). In a study on global crime patterns between 2006 and 2019, it was determined that African and Latin American countries yielded the highest frequency of crimes. Moreover, despite murder rates decreasing globally, Africa’s murder rate has steadily been on the incline (Van Dijk et al., 2021). Most of the participants interviewed are serving sentences for murder. Common themes in their crimes include aggression, conflict and substance abuse. This is consistent with literature attributing the causes of murder to multiple factors such as the normalisation of violence, socioeconomic inequalities, substance abuse, unemployment and access to firearms. Moreover, limited education, gangsterism, police inadequacies, control, dominance, Gender-Based Violence, mental illnesses and lenient prison sentences contribute to the causes of murder (Yesufu, 2022). Most of the participants knew their victims. Akudzwe and Kofi are serving sentences for murdering people they confirm to be family members:
I was angry. My younger brother who died was selling liquor. I was busy listening to music and suddenly people came talking in my language. I thought we were getting robbed. It was three people who came, and they broke the window. After that I got angry. My white employer gave me golf clubs, so I took them with a big knife and went outside. I hit one of the victims with a golf club and the two ran away and I stabbed the one who could not run away. I only remember stabbing him twice but at the court, I was informed that I stabbed him 9 times in the back. (Akudzwe, 32-year-old, Zimbabwe) I’m accused of killing my stepbrother. In South Africa, when you want something, you point a gun. My brother from my dad was killed and his brother from their mother’s side said I killed him and now they’ve taken my business. The family is now divided because of the murder. (Kofi, 43 years old, Ethiopia)
Akudzwe admits that he was angry and could not control his anger. Perhaps he may have experienced memory loss during the crime as he reports fatally stabbing the victim twice, whereas evidence in court confirms that he stabbed his victim nine times. Research shows that false memories often look and feel real, particularly when recalling details of a crime (Shaw et al., 2020). Kofi asserts that pointing a gun is a prerequisite for getting what you want while living in South Africa. His philosophy underscores the culture of violence perpetuated in the country. Furthermore, he shares that the repercussions of the murder have divided his family dynamic. Both Akudzwe and Kofi’s narratives involve resorting to violence as a means of resolving conflicts or perceived injustices, reflecting a pattern of using aggression as a response to interpersonal disputes.
Mufaro and Roka share details on the murders of people they consider to be close friends:
I was fighting with my best friend; we’ve been friends for two years. We were fighting for my girlfriend. The victim told me from nowhere that my girlfriend was his ex. I was confused as to why he was telling me now and we started fighting. As we were fighting, I saw that he was physically stronger than me, then I decided to run into the house to grab a knife and we continued fighting until I stabbed him. I stabbed him and ran away. I only found out two days later that he died. (Mufaro, 29 years old, Zimbabwe) I was arguing with my female friend. She ended up fighting with me and she stabbed my hand four times, then I managed to get hold of the knife. In the court, they said I stabbed her nine times. The deceased brother was also in the house. Her brother took her to the hospital. I was informed after a week that she passed on. After the incident, I went back to Zambia and then to Angola. I only came back after seven months. My trial took 4 years and 6 months. (Roka, 47-year-old, Angola)
Both participants reported fighting with their victims, stabbing them and running away from the scene of the crime. Roka left South Africa and went back to Zambia and then his home country, Angola. However, he returned seven months later and was subsequently arrested. Despite committing a crime in South Africa, Roka managed to leave the country, flee to two other countries and was still able to return to South Africa where he was later apprehended. Roka’s movements indicate the ease of travelling across African borders and the dire consequences thereof. Zitha (2020) found that the South African government has failed over the years to implement reliable systems that monitor and control movement in its borders which includes keeping a record of foreign nationals’ criminal activities in the country. Achile and Chamai were perpetrators of Intimate Partner Violence. Archile reveals complicated details of his relationship with the victim. Despite describing the victim as his mistress, he discovered that ‘she’ was a male, and he was part of a homosexual relationship escalating in conflict and violence. Furthermore, he shares details on how he tried to conceal the crime incident by getting rid of the victim’s car:
I met my “girlfriend”, but I didn’t know he was gay. I thought she was a woman. We dated for 4 months. So, one day, he fetched me from my flat and we drove to his place. I didn’t tell him that I was dating anyone. So, I was chatting with my mother and girlfriend, and he accused me of cheating, and he wanted to take my phone. So, he grabbed the phone and ran to another room. He was confrontational and angry, so he stabbed me with a knife three times, on the back and my elbow. I managed to take the knife from him, and I stabbed him in the neck, I threw the knife as I was scared of the blood. He wanted to sleep with me, and I realized that he was gay, see I told him I’m Muslim I can’t sleep with you. So, I panicked, and I wanted to leave to go to Sunnyside, so there were no taxis on that side, so I looked for car keys and left with his car. I lied to my girlfriend and that’s how the police got me. I was planning to sell the car the following day or drive to Soweto and leave the car there so that it cannot be traced back to me. (Achile, 30 years old, Democratic Republic of Congo)
Chamai revealed details on the tumultuous history of his marriage. He viewed his wife as disrespectful and dishonouring, particularly in the context of his African culture and belief system. These fights intensified as he fatally pushed her:
I quarrelled with my wife. We had a misunderstanding as we were fighting, I pushed my wife and she fell badly. I called an ambulance and when they arrived, they told me she died. She bled through her mouth. (Chamai, 56 years old, Zimbabwe)
Chamai’s perception of his wife as disrespectful and dishonouring suggests a clash between cultural expectations and marital dynamics, with his African culture and belief system influencing his views on marital roles and responsibilities. In African societies, traditional norms often establish a patriarchal framework characterised by male privilege and the expectation of female subservience (Kariuki and Jansen van Rensburg, 2022). Seminal research on patriarchy indicates that power disparities are fuelled by patriarchal ideologies, which perpetuate violence (Dobash and Dobash, 1979). Despite the victim being deemed powerless, Chamai also maintains that he felt powerless because of his wife’s disrespectful behaviour. Chamai also maintains that he felt powerless because of his wife’s disrespectful behaviour. Furthermore, although not explicitly stated, Chamai’s description of the aftermath, including calling an ambulance and the discovery of his wife’s death, may suggest a sense of regret or remorse for his actions.
The intersection of xenophobia and criminality among foreign offenders in South Africa
While the primary objective of the paper did not entail conducting a comparative examination between South African offenders and foreign national offenders, the preceding discourse and analysis do elicit inquiries. These inquiries include the difference in criminal profiles and motives for criminal behaviour. Moreover, what implications do the findings have regarding xenophobic stereotypes targeting foreigners in South Africa, and is there validity to these stereotypes?
The similarity of criminal profiles (age, marital status and education levels) between South African and foreign offenders can vary depending on the specific demographics of the sample population studied. While there may be some similarities in certain demographic characteristics, such as age range or marital status, disparities could arise due to diverse socioeconomic circumstances and cultural influences. This study sought to investigate incarcerated foreign offenders, thereby establishing them as the primary focus of analysis. Most incarcerated offenders in South Africa are over 21 years old and male (DCS, 2022/2023). Furthermore, South Africans comprise 89.5% of the prison population compared to foreign nationals (10.5%) (World Prison Brief, 2024). Nonetheless, this comparison might be deemed unjust, given the inherent statistical advantage of South African citizens, both in the broader population and within correctional centres. Consequently, while assigning blame for South Africa’s crime problem to foreign nationals would be unwarranted, investigating their potential contribution remains essential.
When considering the variance in motivations driving violent criminal behaviour between foreigners and South Africans, it hinges upon the available data. Universally, motives for violent behaviour can vary widely among individuals regardless of nationality, and factors such as socioeconomic background, personal experiences and psychological factors play significant roles (Fogliato et al., 2021; Hughes, 2022; Khader, 2019). However, South Africa is known as a violent country with crime violent crime continually on the incline (SAPS, 2022/2023).
The results of this study shed light on the violent nature of crimes perpetrated by incarcerated foreign nationals. Given the small proportion of foreign nationals in the South African offender demographic, it would be misleading to suggest that the study’s findings serve as a validation for xenophobic attitudes or behaviours. Consequently, such findings should be viewed with caution and factors that may influence criminal behaviour and demographic profiles should be extensively considered. Xenophobia is a multifaceted social issue stemming from historical, political and socioeconomic factors. Hence, it cannot be rationalised by individual or group characteristics. Instead, addressing xenophobia requires initiatives such as education, awareness campaigns and policies aimed at fostering tolerance, comprehension and inclusivity within society (Devakumar et al., 2022; Hewitt et al., 2020; Ityonzughul and Gbamwuan, 2024).
Conclusion
The exploration of the nature and impact of violent crime perpetrated by foreign nationals within the context of South Africa remains a relatively underexplored area. This present study contributes significantly to this gap by extending empirical investigation into the complex relationship between foreign nationals and criminal activities in South Africa. The study’s outcomes are substantiated by a unique and exclusive perspective derived from in-depth interviews conducted with 40 foreign offenders who are currently incarcerated in three South African Correctional Centres. The paper is limited by its reliance on the narratives provided by convicted offenders; however, ethical guidelines encourage researchers to accept these narratives as credible, given the sensitivity thereof. Future studies should quantify crimes committed by foreigners in South Africa and explore possible remedies.
Footnotes
Acknowledgements
The authors would like to thank the participants for sharing their stories and the reviewers for their insightful comments.
Declaration of conflicting interests
The author(s) declared no potential conflicts of interest with respect to the research, authorship and/or publication of this article.
Funding
The author(s) received no financial support for the research, authorship and/or publication of this article.
Ethics approval statement
The study was ethically endorsed and guided by the University of South Africa’s Ethical Review Committee. Subsequently, permission was obtained from the Department of Correctional Services, and informed consent was obtained from the participants to conduct the study and report on its findings.
Data availability
The empirical data are available on request.
Permission to reproduce material from other sources
The study received permission to produce and publish its findings for academic purposes.