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.