Xenophobia case against Operation Dudula proceeds

Operation Dudula was taken to court on Tuesday to answer for alleged xenophobia against foreigners but asked the court to postpone the matter, claiming to have only been made aware of the case on Monday.

Kopanang Africa Against Xenophobia, Abahlali baseMjondolo, Inner City Federation and SA Informal Traders Forum filed the matter at the Johannesburg high court. They demand Dudula must — among other things — stop harassing foreigners, interfering with their access to health-care services and removing them from their trading stalls. 

However, Solomon Kekana, treasurer-general of Operation Dudula, told the court they know nothing about the case and that they operate within the confines of the law. 

“In most of our operations we engage stakeholders such as home affairs and the SAPS. My plea is that the court respect that we only received this yesterday [Monday],” he said.

The applicants' lawyer, advocate Jason Brickhill, opposed the postponement, calling Dudula’s claims “unfounded”.

“Operation Dudula was served at its registered address and we have the returns of service. They’ve had the papers for two years and made a public decision to ignore the proceedings,” he said.

Brickhill pointed to public statements made by the group, including a 2023 IOL article quoting Dudula technical adviser Isaac Lesole, who dismissed the legal action as “grandstanding” by NGOs and said they had no intention of opposing it.

Judge Lester Adams questioned whether Dudula should be allowed to interfere at this late stage.

“It looks like I shouldn’t allow them to interfere with this matter,” he said.

Representing home affairs, one of the respondents, advocate William Mokhari SC said Dudula failed to file a notice to oppose.

“The train has long left the station. A party that fails to file a notice to oppose is not entitled to be heard. The matter must proceed,” he said.

The applicants are challenging what they call Operation Dudula’s xenophobic conduct and the state’s alleged failure to act. There are 13 respondents in the case: Operaton Dudula, the government, the ministers of police, health, basic education, home affairs, justice and correctional services, the national commissioner of the SAPS, the Gauteng department of health, Zandile Dabula, Dan Radebe and the SA Human Rights Commission.

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