Legal experts say South Africa is unlikely to be legally obligated to compensate foreign nationals for losses suffered during recent public unrest, as the Nigerian government formally seeks compensation for Nigerian-owned businesses and properties damaged during anti-undocumented migrant protests.
The request follows a wave of demonstrations in parts of South Africa that resulted in attacks on businesses and properties owned by foreign nationals, including members of the Nigerian community.
The Nigerian government has urged its citizens who have suffered losses to document their damaged or abandoned assets as it prepares to pursue compensation through diplomatic channels.
South Africa's Department of International Relations and Cooperation (DIRCO) has confirmed that it will assess Nigeria's request before determining an official response.
However, legal experts believe any compensation claim against the South African government could face significant legal hurdles.
Attorney Lynette Cherry Singh said the success of any claim would depend on whether it could be shown that the state breached a legal duty owed to those who suffered losses.
"The success of any claim would depend on whether the losses resulted from a breach of a legal duty owed by the state," Singh said.
She explained that the government was not directly responsible for the destruction of property, as it did not carry out the attacks.
"The state is not liable because it did not perpetrate the damage itself. Claims would ordinarily have to be brought against the individuals responsible," she said.
Singh added that pursuing those responsible presents its own challenges, as many perpetrators may be unidentified, financially unable to compensate victims, or difficult to trace.
"It would be a difficult task to prove the damage against any individual or individuals," she said.
The matter is expected to be addressed through diplomatic engagement as South African authorities continue assessing Nigeria's request and the legal implications surrounding potential compensation.