Operation Dudula interdicted from targeting foreigners in hospitals and schools

The Johannesburg high court interdicted and restrained the vigilante group Operation Dudula and its leaders from denying foreign nationals access to health care and education.

The court on Tuesday ruled that Operation Dudula’s conduct — harassing and intimidating people by demanding to verify identity documents, denying people access to health care or education by removing learners and teachers from schools based on nationality — was unlawful.

Judge Leicester Adams ordered that only an immigration or police officer has the power to demand that another private person produce his/her passport or other identity documents to demonstrate his/her right to be in the country.

“The first respondent [Operation Dudula], the 11th [Zandile Dabula] and 12th [Dan Radebe] respondents be and are hereby interdicted and restrained from demanding that any private person produce her/his passport or other identity documents to demonstrate her/his right to be in the republic,” Adams ordered.

This case, in which Operation Dudula elected not to participate, was brought by the Socio-Economic Rights Institute of South Africa (Seri) on behalf of:

• Kopanang Africa Against Xenophobia (KAAX);
• the South African Informal Traders Forum (SAITF);
• the Inner City Federation (ICF); and
• Abahlali baseMjondolo.

The organisations challenged the xenophobic and racist speech and conduct of Operation Dudula and certain of its office-bearers.

The court also directed and ordered the government ... to take reasonable steps to implement the national action plan to combat racism, racial discrimination, xenophobia and related intolerance

Operation Dudula, Dabula and Radebe are interdicted from intimidating, harassing or assaulting any individuals that they identify as being foreign nationals.

The court further ruled that the vigilante group and its leaders are restrained from making public statements that constitute hate speech on the grounds of nationality, social origin or ethnicity at public gatherings or on social media platforms.

The vigilante group was ordered not to interfere with the access of foreign nationals to health services or schools.

The group has been restrained from unlawfully evicting foreign nationals from their homes and unlawfully removing foreign nationals from their trading stalls, or interfering with the employment of foreign nationals in shops and businesses.

The court also directed and ordered the government, a second respondent in the case, to take reasonable steps to implement the national action plan to combat racism, racial discrimination, xenophobia and related intolerance. This includes taking steps to establish an early warning and rapid response mechanism regarding threats of xenophobic hate speech and hate crimes.

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