-
FILE | Operation Dudula members march in Soweto.
The Gauteng High Court in Johannesburg has interdicted Operation Dudula from performing various actions against foreign nationals, which include, but are not limited to, interfering with the access of foreign nationals to healthcare services, as well as intimidating, harassing or assaulting any individuals that they identify as being foreign nationals, to name a few.
This comes after Kopanang Africa Against Xenophobia (KAAX) and other civil society organisations hauled Operation Dudula to the High Court in a challenge against what was described before the court as a “systematic campaign of unlawful xenophobic action and the State’s obligations in the face of it”.
Judge Leicester Adams, in a judgment on Tuesday, stated that the fact that an individual is a non-citizen or undocumented does not mean that their basic human rights can be violated without consequences.
The Court, in its analysis of Operation Dudula’s sustained conduct against migrants, found, among other things, that it is in clear violation of the right to dignity, freedom and security of persons.
In addition, the Court found that the applicants have established a reasonable apprehension of further harm if the interdictory relief is not granted.
As a result, interdictory relief was granted, and Operation Dudula and the government respondents have also been hit with costs.
