Brand, J. F. D.Naidoo, Amanda2023-09-112023-09-112022http://hdl.handle.net/11660/12173Thesis (LLD (Laws))--University of the Free State, 2022In this thesis I explore xenophobia against non-national academics at higher education institutions in South Africa, with a specific focus on the legal and policy protections afforded to them. Xenophobia is a national as well as a global phenomenon and manifests in South African society. Although much research has been conducted on xenophobia in general, the position of the non-national academic in relation to xenophobia has not been extensively investigated. I this thesis, therefore, I highlight first, the need to examine the non-national academics' experience of xenophobia within the higher education space and secondly, the legislative and policy protections available to this category of employee. Since xenophobia is a type of discrimination and is linked to issues of equality, I examine xenophobia against the background of existing scholarship on equality and discrimination. The theoretical approach to the study is located in the theories of Tajfel & Turner as well as Harris which focus on xenophobia and social exclusion. The conclusions drawn from the research are that xenophobia against non-national academics in the higher education context does exist and manifests in a covert or symbolic way instead of in a violent manner. While there exist international treaties, national laws, institutional policies, and case law which cater for the rights of non-national academics to some extent, these do not provide adequate legal protection for this group. I recommend the passing of xenophobic-specific legislation to enhance enforcement and accountability and for higher education institutions to specifically provide for xenophobia in its policies. I also conclude that non-national academics would best benefit from the notion of transformative substantive equality since this notion speaks to changes being made to structures within institutions to achieve equality.enThesisUniversity of the Free State