Justice Served: Court Restrains Anti-Immigrant Group From Targeting Foreigners In South Africa

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

The group’s acts against migrants, according to Justice Leicester Adams, who gave the ruling, were illegal and unconstitutional.

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

On Tuesday, the parties’ representatives received an email with the judgment, which was sent electronically.
Additionally, the ruling prohibits the group from harassing students, instructors, and parents, interfering with foreign nationals’ access to healthcare services, or interfering with school activities.

Justice Adams upheld migrants’ constitutionally protected rights by directing pertinent government entities to implement the decision.

Kopanang Africa Against Xenophobia and others filed an application for interdictory and declaratory relief against Operation Dudula and the South African government, which led to the verdict.

The applicants contended that the only authorities with the legal authority to obtain identifying documents are immigration and law enforcement officials.

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

Additionally, the petitioners requested an injunction prohibiting Operation Dudula from engaging in illegal activity, hate speech, or any other actions that might amount to enforcing the law on its own.

As a result, the court forbade the group from publicly expressing hate speech based on nationality, ethnicity, or social origin at events, on social media, or anywhere else.

Additionally, Operation Dudula was prohibited from removing foreign nationals from their trading stalls, evicting them illegally, or interfering with their employment in establishments.

Additionally, the injunction prohibits the group from supporting or urging others to commit such forbidden conduct.

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

Additionally, disaggregated data on hate crimes and xenophobic hate speech, including convictions and prosecutions, must be gathered and published by the government.

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

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

He stated that before asking someone for their identify status, officers must have a legitimate suspicion.

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

Nigerians living in South Africa have praised the court’s ruling under the auspices of the Nigerian Union South Africa.

A viral video of one of Operation Dudula’s leaders telling foreigners to leave a public hospital had earlier alarmed Nigerians about a new round of xenophobic threats from the group.

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

“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,” stated the statement, which was signed by Nwobi and Mr. Akindele Olunloyo, the union’s publicity secretary.

“This decisive judgment, secured through the bravery 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.

NUSA claims that the ruling makes it very evident that vigilante organizations are not allowed to use the legal system to threaten or hurt communities who are already at risk.

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

The verdict, according to NUSA, upholds South Africa’s constitutional commitment 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 properly implement the National Action Plan and fulfill its obligation to safeguard all citizens.