The Gauteng High Court has issued a significant legal ruling against Operation Dudula, interdicting the group from engaging in actions targeting foreign nationals across South Africa. The interdict specifically bars the movement from interfering with migrants’ access to healthcare, intimidating, harassing, or assaulting individuals identified as foreign nationals, among other prohibited activities.
The legal challenge was brought by Kopanang Africa Against Xenophobia (KAAX) alongside several civil society organisations, who approached the High Court to confront what they described as a “systematic campaign of unlawful xenophobic action” orchestrated by Operation Dudula. The applicants argued that the State had failed to uphold its obligations to protect vulnerable populations from such conduct.
Delivering the judgment on Tuesday, Judge Leicester Adams underscored that nationality or immigration status does not strip individuals of their fundamental human rights. “The fact that a person is a non-citizen or undocumented does not justify the violation of their basic rights,” the judge noted.
In assessing the evidence, the Court highlighted that Operation Dudula’s sustained actions against foreign nationals violated their constitutionally protected rights to dignity, freedom, and personal security. The judgment further acknowledged the applicants’ concern that, without legal intervention, there was a reasonable likelihood of continued harm to migrants.
Consequently, the Court granted the interdictory relief sought by KAAX and the other civil society organisations. In addition, both Operation Dudula and the government respondents were ordered to pay the legal costs associated with the case.
Legal analysts say this ruling represents a firm statement by the judiciary on the protection of migrants’ rights in South Africa, reinforcing that xenophobic campaigns, whether by private groups or through perceived state inaction, will face legal scrutiny.
This decision comes amid rising tensions around migration in Gauteng and other parts of the country, with various civil society groups warning that xenophobic violence has the potential to escalate if unchecked. The judgment is expected to serve as a critical reference point for future cases involving the rights of foreign nationals.
