Court Bars Anti-Migrant Group from Intimidating Foreigners In South Africa

The Gauteng Division of the High Court in Johannesburg has issued an order restraining the anti-migrant organisation Operation Dudula and its leaders, Zandile Dabula and Dan Radebe, from intimidating, harassing, or assaulting foreign nationals in South Africa.

Delivering the judgment, Justice Leicester Adams ruled that the group’s actions against migrants were unlawful and unconstitutional.

The court further prohibited Operation Dudula and its members from demanding that private individuals produce passports or identity documents to prove their right to reside in the country.

The ruling, delivered electronically and circulated to the parties’ representatives via email, also bars the group from disrupting access to healthcare services, interfering with school operations, or harassing learners, teachers, and parents.

Justice Adams directed relevant government bodies to enforce the decision, affirming the constitutionally protected rights of migrants.

The verdict followed an application filed by Kopanang Africa Against Xenophobia (KAAX) and several other groups seeking to restrain Operation Dudula and the South African government from unlawful and discriminatory actions. The applicants argued that only immigration and police officers are legally authorised to request identification documents from individuals.

Applicants in the case included KAAX, the South African Informal Traders Forum, the Inner City Federation, and the Abahlali Basemjondolo Movement SA. Respondents comprised Operation Dudula, the Government of the Republic of South Africa, and 11 others.

The applicants also asked the court to bar the group from engaging in hate speech, unlawful conduct, or acts that amount to taking the law into its own hands.

The court consequently forbade Operation Dudula from making public statements that promote hate speech based on nationality, ethnicity, or social origin—whether at gatherings, on social media, or through other platforms.

The group was also restrained from unlawfully evicting foreign nationals, removing them from trading spaces, or interfering with their employment in shops and businesses. Additionally, the order prevents them from encouraging or inciting others to engage in similar prohibited acts.

Respondents named in the case include the Government of South Africa, the Ministers of Police, Home Affairs, Justice and Correctional Services, Health, and Basic Education, as well as the National Commissioner of Police, the Gauteng MECs for Health and Education, Zandile Dabula, Dan Radebe, and the South African Human Rights Commission.

The judgment, delivered in November, further directed the South African government to implement the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance. It also called for the establishment of an early warning and rapid response mechanism to address xenophobic hate speech and hate crimes.

Authorities were instructed to gather and publish data on incidents of xenophobic hate speech and hate crimes, including prosecutions and convictions.

Justice Adams reaffirmed that only immigration and police officials are empowered to request identification documents and that such actions must occur only in public spaces, not in private homes, workplaces, or schools. Officers, he added, must have reasonable suspicion before making such requests.

The court further cautioned that children under 18 should not be interrogated, arrested, or detained except as a last resort, in accordance with Section 28(1)(g) of the Constitution.

Meanwhile, the Nigerian Union South Africa (NUSA) has welcomed the ruling, describing it as a significant victory for migrant rights.

In a statement signed by NUSA National President, Mr. Smart Nwobi, and Publicity Secretary, Mr. Akindele Olunloyo, the union said the decision was “a monumental step forward in protecting the rights of Nigerians and other migrants in South Africa.”

According to the statement, the judgment affirms that vigilante groups cannot take the law into their own hands or deny foreigners access to essential services.

NUSA commended KAAX and its partners for their advocacy and urged the South African government to fully implement the National Action Plan and uphold its constitutional responsibility to protect all residents, regardless of nationality or origin.