South Africa has dismissed a petition submitted to the International Criminal Court (ICC) by two Ghanaian nationals calling for an investigation into alleged attacks on foreign nationals, describing the move as opportunistic.
The petition requests the ICC to investigate claims that violence against foreign nationals in South Africa could amount to crimes against humanity.
The Department of International Relations and Cooperation (Dirco) said the application does not meet the legal requirements needed to trigger an ICC investigation.
Dirco spokesperson Chrispin Phiri said South Africa has a comprehensive legal framework in place to combat xenophobia, hate crimes and hate speech.
He said legislation such as the Prevention and Combating Hate Crimes and Hate Speech Act gives effect to the country's constitutional and international human rights obligations by criminalising hate crimes and hate speech, while providing mechanisms to prosecute offenders.
Phiri said these laws ensure that individuals responsible for offences motivated by xenophobia, racism or related forms of intolerance can be held accountable through the country's justice system.
Meanwhile, Dirco confirmed that the Economic Community of West African States (ECOWAS) has resolved to support calls for migration to be placed on the agenda of the African Union's next Heads of State Summit.
According to the department, South Africa welcomes constructive engagement with ECOWAS on migration and broader continental challenges.
Phiri said Pretoria supports discussions at the highest level of the African Union aimed at ensuring migration across the continent becomes a matter of choice rather than necessity.
He added that South Africa supports the inclusion of a dedicated agenda item at the summit to address the root causes of irregular migration, including issues of governance, democracy and economic stability across the continent.