High Court interdicts Operation Dudula from harassing foreign nationals, demanding documents
The High Court in Johannesburg has granted a far-reaching interdict against Operation Dudula, prohibiting the movement and its members from harassing, intimidating or obstructing foreign nationals and from interfering with their access to essential public services.
The order, delivered on Monday under case number 2023-044685, stems from an application brought by Kopanang Africa Against Xenophobia, the South African Informal Traders Forum, the Inner City Federation and the Abahlali baseMjondolo Movement SA.
Respondents included Operation Dudula, several government departments, and national ministers responsible for home affairs, justice, health and education. The South African Human Rights Commission was also listed as a respondent.
Court confirms only state may demand identity documents
In its written judgment, the court declared that only immigration and police officers acting under section 41 of the Immigration Act are empowered to demand passports or identity documents to verify a person’s right to be in South Africa.
It stated that no private person or group may exercise such powers unless specifically authorised by law.
Interdict covers harassment, hate speech and access to services
The court’s order restrains Operation Dudula and its members from intimidating, harassing or assaulting anyone they identify as a foreign national. It further prohibits them from making public statements that amount to hate speech based on nationality, social origin or ethnicity, and from interfering with migrants’ access to healthcare services, schools and education facilities.
The judgment also prevents the group from evicting or removing foreign nationals from their homes, trading stalls or workplaces, and from encouraging others—whether in person or on social media—to commit any of the prohibited acts.
Operation Dudula was instructed to communicate the contents of the judgment to all its office-bearers and members.
Background to the case
The court application by Kopanang Africa Against Xenophobia and others followed several incidents where members of Operation Dudula confronted or blocked foreign nationals at public facilities, particularly in Gauteng and KwaZulu-Natal.
IOL previously reported that the movement was at different facilities, including the Hillbrow Clinic in Johannesburg, blocking people they believed to be “undocumented” migrants from receiving healthcare. Similar incidents were reported at informal trading sites in Gauteng.
Civil-society organisations argued in their court papers that such actions violated the constitutional rights of migrants to dignity, equality and access to services, and amounted to unlawful self-policing.
jonisayi.maromo@iol.co.za
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