The anti-immigrant organization Operation Dudula and its founders, Zandile Dabula and Dan Radebe, have been prohibited from threatening, harassing, or assaulting foreign nationals by the Gauteng Division of the High Court in Johannesburg.
The group’s acts against migrants were deemed illegal and unconstitutional by Justice Leicester Adams, who delivered the ruling.
Additionally, the court prohibited Operation Dudula and its participants 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 electronic copy of the ruling via email.
Additionally, the ruling 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 protected by the constitution and instructed pertinent government entities to implement the decision.
The decision 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 authorities with the legal authority to obtain identifying documents are immigration and police personnel.
Operation Dudula, the Government of the Republic of South Africa, and eleven other parties are the respondents in this action, while KAAX, the South African Informal Traders Forum, Inner City Federation, and Abahlali Basemjondolo Movement SA are the applicants.
Additionally, the petitioners requested an injunction prohibiting Operation Dudula from engaging in illegal activity, hate speech, or any actions that would constitute 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 anywhere else.
Operation Dudula was also prohibited from removing foreign nationals from their trading stalls, evicting them illegally, or interfering with their employment at establishments.
The group is also barred by the injunction from soliciting or urging others to commit similar illegal acts.
The South African government, the National Commissioner of Police, the Minister of Police, and the Ministers of Home Affairs are among the responders.
In order to combat 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 data 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 people unless specifically authorized 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 be 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 legitimate suspicion.
In accordance with Section 28(1)(g) of the Constitution, the court further warned that the decision does not allow the questioning, arrest, or detention of minors under the age of eighteen unless absolutely necessary.
Under the auspices of the Nigerian Union South Africa, Nigerians living in South Africa have praised the court’s ruling.
A viral video of one of Operation Dudula’s leaders ordering foreigners out of a public hospital had earlier alarmed Nigerians about a new round of xenophobic threats.
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 released on Wednesday.
Nwobi and Mr. Akindele Olunloyo, the union’s publicity secretary, jointly signed the statement, which 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 courageous 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 threaten or damage vulnerable communities.
The group declared, “We commend KAAX and all partners who stood firm in the fight against xenophobia.”
NUSA added that the decision upholds South Africa’s constitutional commitment to equality, nondiscrimination, and access to basic services like healthcare and education.
In order to fight racism, xenophobia, and other forms of intolerance, it called on the government to fulfill its obligation to safeguard all citizens and to completely carry out the National Action Plan.
