Court Orders End To Harassment Of Foreigners By Anti-Migrant Movement In South Africa

The anti-immigrant organization Operation Dudula and its founders, Zandile Dabula and Dan Radebe, have been prohibited from intimidating, harassing, or attacking foreign nationals by the Gauteng Division of the High Court in Johannesburg.

The judge, Justice Leicester Adams, ruled that the group’s acts against migrants were illegal and unconstitutional.

Additionally, the court prohibited Operation Dudula and its participants from requiring any private individual to present a passport or other identification document as proof of their South African residency.

On Tuesday, the judgment was sent electronically by email to the representatives of the parties.
The ruling also prohibits the group from interfering with foreign nationals’ access to healthcare services, interfering with school operations, or harassing students, instructors, and parents.

Justice Adams upheld the rights of migrants as provided by the constitution and ordered pertinent government entities to implement the decision.

The ruling came after Kopanang Africa Against Xenophobia and others filed a suit for declaratory and interdictory remedies against the South African government and Operation Dudula.

The applicants contended that the only people with the legal authority to require identifying cards are immigration and law enforcement officials.

Operation Dudula, the Government of the Republic of South Africa, and eleven other parties are the respondents in the case, while KAAX, the South African Informal Traders Forum, Inner City Federation, and Abahlali Basemjondolo Movement SA are the applicants.

Additionally, the applicants requested an injunction prohibiting Operation Dudula from engaging in illegal activity, hate speech, or any other actions that would amount to taking matters into its own hands.

As a result, the court banned the group from publicly expressing hate speech based on nationality, social origin, or ethnicity at events, on social media, or in any other setting.

Additionally, Operation Dudula was prohibited from removing foreign nationals from their trading stalls, evicting them illegally, or interfering with their work at stores and establishments.

Additionally, the group is barred under the injunction from encouraging or inciting others to commit such illegal acts.

The South African government, the National Commissioner of Police, the Minister of Home Affairs, and the Minister of Police are among the responders.
In order to counter dangers of xenophobic hate speech and hate crimes, it encouraged authorities to set up an early warning and quick response system.

Additionally, the government was mandated to compile and disseminate disaggregated statistics on hate crimes and xenophobic hate speech, including convictions and prosecutions.

Justice Adams reiterated that no private individual has the authority to require identity documents from someone unless specifically allowed by law, and that only immigration and law enforcement officials have this authority.

He further stated that searches under Section 41 of the Immigration Act 13 of 2002 should only take conducted in public areas and not in private residences, places of employment, or educational institutions.

He stated that before asking someone’s identify status, officers must have a good basis to suspect them.

In accordance with Section 28(1)(g) of the Constitution, the court also issued a warning that the decision does not allow the questioning, arrest, or detention of minors under the age of eighteen unless absolutely necessary.

The court’s ruling has been praised by Nigerians living in South Africa, who are represented by the Nigerian Union South Africa.

A viral video of one of Operation Dudula’s leaders ordering foreigners out of a public hospital had earlier alarmed Nigerians about a new wave of xenophobic threats from the group.

Mr. Smart Nwobi, National President of NUSA, called the decision “a monumental step forward in protecting the rights of Nigerians and other migrants in South Africa” in a statement on Wednesday.

The statement, which was signed by Nwobi and Mr. Akindele Olunloyo, the union’s publicity secretary, said, “The Nigerian Union South Africa warmly welcomes the recent Gauteng High Court ruling that has interdicted Operation Dudula from performing unlawful actions against foreign nationals, including blocking access to healthcare services, intimidation, harassment, and assault.”

“This decisive judgment, secured through the heroic efforts of Kopanang Africa Against Xenophobia and allied civil society organizations, marks a significant victory for the rights and dignity of migrants in South Africa, especially the Nigerian community,” the statement continued.

The ruling, according to NUSA, makes it abundantly evident that vigilante organizations are not allowed to use the legal system to damage or frighten communities who are already vulnerable.

The group said, “We applaud KAAX and all partners who stood firm in the fight against xenophobia.”

NUSA added that the decision upholds South Africa’s constitutional commitments to equality, nondiscrimination, and access to basic services like healthcare and education.

In order to combat racism, xenophobia, and related intolerance, it called on the government to fulfill its obligation to safeguard all citizens and to fully implement the National Action Plan.