Court stops anti-migrant group from harassing foreigners in South Africa

The Gauteng Division of the High Court in Johannesburg has restrained the anti-migrant group, Operation Dudula, and its leaders, Zandile Dabula and Dan Radebe, from intimidating, harassing, or assaulting foreign nationals.

Justice Leicester Adams, who delivered the judgment, declared that the group’s actions against migrants were unlawful and unconstitutional.

The court further interdicted Operation Dudula and its members from demanding that any private person produce a passport or identity document to prove their right to reside in South Africa.

The judgment was handed down electronically by circulation to the parties’ representatives by email on Tuesday.

The judgment also bars the group from interfering with the access of foreign nationals to healthcare services, disrupting the operations of schools, or harassing learners, teachers, and parents.

Justice Adams directed relevant government agencies to enforce the ruling, affirming the constitutionally guaranteed rights of migrants.

The verdict followed an application by Kopanang Africa Against Xenophobia and others seeking interdictory and declaratory relief against Operation Dudula and the South African government.

The applicants argued that only immigration and police officers are legally empowered to request identification documents.

Applicants in the case include KAAX, the South African Informal Traders Forum, Inner City Federation, and Abahlali Basemjondolo Movement SA, while respondents are Operation Dudula, the Government of the Republic of South Africa, and 11 others.

The applicants also sought an order restraining Operation Dudula from engaging in unlawful conduct, hate speech, or any acts that amount to taking the law into its own hands.

The court consequently prohibited the group from making public statements that constitute hate speech on the grounds of nationality, social origin, or ethnicity, whether at gatherings, on social media, or elsewhere.

Operation Dudula was further barred from unlawfully evicting foreign nationals, removing them from their trading stalls, or interfering with their employment in shops and businesses.

The order also forbids the group from inciting or encouraging others to carry out such prohibited acts.

The list of respondents includes the Government of South Africa, the Minister of Police, the National Commissioner of Police, and the Ministers of Home Affairs.

Others are Justice and Correctional Services, Health, and Basic Education, the MECs for Health and Education in Gauteng, Zandile Dabula, Dan Radebe, and the South African Human Rights Commission.

The judgment, delivered electronically via email in November, also directed the South African government to implement the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance.

It urged authorities to establish an early warning and rapid response mechanism to address threats of xenophobic hate speech and hate crimes.

The government was also ordered to collate and publish disaggregated data on xenophobic hate speech and hate crimes, including prosecutions and convictions.

Justice Adams reaffirmed that only immigration and police officers are authorised to request identification documents from individuals, and that no private person has such powers unless expressly permitted by law.

He added that, in enforcing Section 41 of the Immigration Act 13 of 2002, searches should be limited to public places and not extended to private homes, workplaces, or schools.

Officers, he said, must hold a reasonable suspicion before requesting anyone’s identity status.

The court also cautioned that the ruling does not permit the interrogation, arrest, or detention of children under 18, except as a last resort and in line with Section 28(1)(g) of the Constitution.

Meanwhile, Nigerians in South Africa, under the umbrella of the Nigerian Union South Africa, have hailed the court’s decision.

Nigerians had earlier raised alarm over a fresh wave of xenophobic threats from Operation Dudula, after a viral video showed one of its leaders ordering foreigners out of a public hospital.

In a statement on Wednesday, NUSA’s National President, Mr Smart Nwobi, described the ruling as “a monumental step forward in protecting the rights of Nigerians and other migrants in South Africa.”

The statement, jointly signed by Nwobi and the union’s Publicity Secretary, Mr Akindele Olunloyo, read, “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.”

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

According to NUSA, the judgment sends a clear message that vigilante groups cannot take the law into their own hands to intimidate or harm vulnerable communities.

We commend KAAX and all partners who stood firm in the fight against xenophobia,” the group stated.

NUSA further said the ruling reinforces South Africa’s constitutional commitment to equality, non-discrimination, and access to essential services such as healthcare and education.

It urged the government to uphold its duty to protect all residents and fully implement the National Action Plan to combat racism, xenophobia, and related intolerance.