The anti-immigrant organization Operation Dudula and its founders, Zandile Dabula and Dan Radebe, have been prohibited from intimidating, harassing, or assaulting foreign immigrants by the Gauteng Division of the High Court in Johannesburg.
The group’s acts against migrants were illegal and unconstitutional, according to Justice Leicester Adams, who delivered the ruling.
Additionally, the court prohibited Operation Dudula and its members from requiring any private individual to present a passport or other identity document as proof of their South African residency.
On Tuesday, the judgement was sent electronically by email to the representatives of the parties.
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 migrants’ constitutionally protected rights and ordered pertinent government entities to implement the decision.
The decision came after Kopanang Africa Against Xenophobia and others filed a request for declaratory and interdictory remedies against the South African government and Operation Dudula.
The applicants contended that the only people with the legal authority to require identifying documents are immigration and police personnel.
KAAX, the South African Informal Traders Forum, Inner City Federation, and Abahlali Basemjondolo Movement SA are among the applicants in this action; Operation Dudula, the Government of the Republic of South Africa, and eleven other parties are the respondents.
Additionally, the petitioners requested an injunction prohibiting Operation Dudula from engaging in illegal activity, hate speech, or any other actions that would constitute taking the law into its own hands.
As a result, the court forbade the group from publicly expressing hate speech based on nationality, social origin, or ethnicity at events, on social media, or anywhere else.
Additionally, Operation Dudula was prohibited from forcibly removing foreign nationals from their trading stalls, evicting them, or interfering with their employment in establishments.
Additionally, the injunction prohibits the group from supporting or inciting others to commit such illegal activities.
The South African government, the minister of police, the national commissioner of police, and the ministers of home affairs are among the respondents.
In order to combat dangers of xenophobic hate speech and hate crimes, it called on authorities to set up an early warning and quick response system.
Additionally, the government was mandated to compile and disseminate data on hate crimes and xenophobic hate speech, including convictions and prosecutions.
Justice Adams reiterated that no private individual has the authority to obtain identity documents from anyone unless specifically authorized by law, and that only immigration and law enforcement officials have this authority.
He went on to say 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 about their identify status, officers must have a legitimate suspicion.
In accordance with Section 28(1)(g) of the Constitution, the court also issued a warning that the decision does not allow the questioning, arrest, or detention of minors under the age of 18 unless absolutely necessary.
Nigerians living in South Africa, who are represented by the Nigerian Union South Africa, have praised the court’s ruling.
A viral video of one of Operation Dudula’s leaders telling foreigners to leave a public hospital had earlier alarmed Nigerians about a new wave of xenophobic threats from the group.
Mr. Smart Nwobi, the 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.
“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,” said the statement, which was signed by Nwobi and Mr. Akindele Olunloyo, the union’s publicity secretary.
“This decisive judgment, secured through the brave 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 attack or intimidate vulnerable communities.
The group declared, “We applaud 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 the provision of basic services like healthcare and education.
In order to fight racism, xenophobia, and related intolerance, it called on the government to fulfill its obligation to safeguard all citizens and to carry out the National Action Plan in its entirety.
