SAHRC mulls legal action after refugee 'death threat', JP Balous slated over 'Canada vow'

Refugee leader JP Balous allegedly threatened to kill SAHRC commissioner Chris Nissen. Picture: Brendan Magaar/African News Agency (ANA)

Refugee leader JP Balous allegedly threatened to kill SAHRC commissioner Chris Nissen. Picture: Brendan Magaar/African News Agency (ANA)

Published Jan 30, 2020

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Cape Town – SA Human Rights Commission (SAHRC) has withdrawn from assisting refugees sheltered at the Central Methodist Mission Church on Greenmarket Square, citing death threats to the commission’s provincial head, Chris Nissen.

“The commission can no longer be involved in any further engagements regarding this matter. The commission is considering its legal recourse regarding threats to the life of Commissioner Nissen and will take action against any persons who, in contravention of the law and disrespect for the commission, make unfounded accusations against it,” the SAHRC said in a statement.

This was after one of the migrants’ leaders, JP Balous, allegedly threatened to kill Nissen. Balous has denied this.According to the SAHRC, this was before the start of proceedings in the Western Cape High Court in Cape Town on Tuesday.

The case hinges on the City’s desire to relocate the refugees away from the CBD and the church at which they have been sheltering since October,

after being locked out from a sit-in protest at the offices of the UN High Commissioner for Refugees (UNHCR) nearby.

On Monday, the refugees refused an offer from the City for them to be bused to a Salt River site, where they would undergo an enumerating and vetting process conducted by the Department of Home Affairs.

The commission said it has been engaging in the matter in an attempt to secure the safety of vulnerable women and children. 

It has also been the convener of meetings between all the role-players and has expended considerable resources in attempting to secure a resolution to the protracted protest.

“In this regard, there would be no motivation for the commission, nor for Commissioner Nissen to want or need discord among the protesters.”

The commission said Balous further made allegations and claims against Nissen, which “are spurious and infringe on the dignity and integrity of the commissioner and the SAHRC”.

“Balous was personally involved in physical assaults on the clergy in November in which Commissioner Nissen was injured when the clergy attempted to communicate directly with the protesters regarding their available options in an effort to end the occupation of the church.

“Despite this, Commissioner Nissen has been unflagging in his efforts to find a peaceful and lasting solution to the protest, even to the extent of pleading with the political leadership in the

City and the province to consider the proposal of alternative accommodation, against the advice of other role-players, due to the precarious housing situation in the city and province,” said the SAHRC.

Nissen said it was while in court that Home Affairs asked him to see the protest leaders outside.

“I spoke to Papi Sakumi and said he is there. I looked for JP (Smith), but he came in late. One of the city council officials confronted (JP) about why he was there, then he accused (the official) of being racist. 

"Then he saw me and said: ‘You tried to divide the refugee community. I have evidence that you’ve worked with people to divide the community.’ Then he said to me: ‘I am going to kill you.’

“I said to the police: ‘Did you hear what this man is saying?’ but he didn’t do anything. JP has 17 bodyguards with him; they all surrounded him and showed me signs of slitting throats. I was going to leave, then I thought I am just going stay and stand my ground.

“One of his people said the reason he is saying I am dividing the people is because in radio interviews I am not condemning the police; I talk about them going back to the communities they come from, basically reintegration. 

"He (JP) promised people they would be going to Canada; now they are destitute because Canada is not going to happen.

“Meanwhile, people have given up their jobs, their homes and came with the idea of going to Canada. The moment you tell people the truth, they are against you,” Nissen said, adding that he would lodge a criminal complaint against Balous today. 

Balous, who was charged with eight cases of assault, five of which are assault with intention to do grievous bodily harm, was released on bail earlier this month.

Responding to the SAHRC, he denied the allegations, saying: “I did not threaten him. He and the City and Scalabrini are trying to have a smear campaign against me, thinking they will silence me.

“I refute the false accusation that he and the commission are trying to make against me. The only thing I told him is that he needs to stay away from the refugees and that we do not need him as our mediator.

“It shouldn’t be a surprise, because he (Nissen) doesn’t care about people’s lives.”

Refugee organisation Women and Children at Concern director Aline Bukuru said she didn’t believe the claims of threats against Nissen, who she accused of creating trouble.

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