Operation Dudula to appeal Johannesburg High Court ruling on undocumented immigrants



Operation Dudula has announced its intention to appeal the Johannesburg High Court judgment which ordered it to stop its campaign of preventing ‘undocumented immigrants’ from accessing public healthcare services.

On Thursday, the leader of the movement Zandile Dubula, briefed the media on the recent developments affecting their operations, during a press briefing held in Parktown.

Dubula said that while their legal team reviews the judgment, the movement will comply with the court order and halt its controversial campaign at public healthcare facilities and schools, with immediate effect.

“There were technical issues that prevented us from being legally represented in the high court matter. This issue will form part of the legal grounds with which we will approach our appeal,” she said.

This week, Judge Leicester Adams interdicted the movement and declared its actions as unlawful and unconstitutional”.

Adams, in a written judgment, held that only immigration and police officials acting under section 41 of the Immigration Act may demand identity or travel documents from those suspected of being in the country illegally.

In his ruling, Adams further directed the government to implement the National Action Plan to combat racism, racial discrimination, xenophobia, and related intolerance.

“The fact that an individual is undocumented or a non-citizen does not mean that his or her human rights can be violated without consequence,” the judge stated.

Dubula said the movement will, ‘within the parameters of the law, continue its work of defending the rights of South Africans, whose rights are not being prioritised by the government and the country’s justice system’.

“Our work will never end. We have different campaigns, including the hijacking of houses belonging to South Africans by syndicates, working with the justice system, the banks, and other law enforcement agencies who are taking homes belonging to child-headed households and other South Africans,” she added.

This week’s ruling has been well-received by human rights activists, including the South African Human Rights Commission, the IFP, the African Diaspora Forum, and other organisations.

The African Diaspora Forum, through its spokesperson, Bongani Mkhwanazi, proposed an urgent migrant Indaba, which seeks to bring together government, civil society, and other stakeholders in a bid to develop collaborative strategies on the issue of immigration.

“We speak candidly to our own migrants, who violate South African laws–including those involved in the illegal procurement or distribution of medicines or any form of fraud and are betraying the very trust that protects the community. As such, acts must be condemned,” Mkhwanazi said.

The South African Human Rights Commission (SAHRC) said it has always emphasised that the actions of Operation Dudula are unconstitutional.

“The Commission hopes this judgment will put a stop to the continual intimidation. and harassment of non-nationals and undocumented persons by Operation Dudula and other related groups. As early as 02 July 2025,  the Commission has publicly emphasised that the actions by Operation Dudula and other vigilante groups are unlawful, violate the constitutional rights and undermine the rule of law,” it said on Thursday.

siyabonga.sithole@inl.co.za



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