NGOs say foreigners in SA told to return to their countries when opening cases against Operation Dudula

Legal counsel for the non-governmental organisations (NGOs) suing Operation Dudula has argued that the group’s actions against foreigners are unlawful.

The High Court in Johannesburg heard arguments brought on behalf of Kopanang Africa Against Xenophobia (KAAX), the South African Informal Traders Forum (SAITF), the Inner City Federation (ICF), and Abahlali baseMjondolo, challenging the alleged xenophobic and racist speech and conduct of Operation Dudula.

The applicants are also seeking relief from relevant state organs for failing to discharge their duties concerning xenophobia and Operation Dudula’s alleged unlawful conduct.

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In addition, applicants are seeking an order that interdicts the South African Police Service (Saps) and the Department of Home Affairs from allegedly colluding with Operation Dudula or conducting raids at the instigation of Operation Dudula. They further seek Saps to investigate the alleged crimes committed by Operation Dudula.

Operation Dudula ‘harasses foreigners’

Legal counsel Jason Brickhill, for the NGOs, accused Operation Dudula of harassing and intimidating foreigners by demanding to verify identity documents, forcing businesses to close, preventing informal traders from operating, evicting people from their homes without a court order, wearing uniforms that resemble those of the police or the military, denying people access to health care or education by removing students and teachers from schools based on of nationality.

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“Since 2021, Operation Dudula has emerged as one of the most visible and violent proponents of xenophobia targeting foreign nationals and those perceived to be foreign. Dudula means to force out, and this name captures its objective of expelling foreign nationals from South Africa regardless of their immigration status,” argued Brickhill.

“There is a consistent pattern where public healthcare facilities were targeted, arguing that foreign nationals should not be treated in those facilities and calling on people to gather at the facilities — Kalafong Hospital and Jeppe Clinic. They [Operation Dudula] chased foreigners out of those waiting rooms.

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“It begins with inciting hatred on public platforms, either gatherings or social media, blaming foreigners of all sorts of social ills, and these gatherings are aimed at threatening and harassing foreign nationals. What follows is chasing people away from hospitals, threatening schools and evicting or threatening people with eviction.”

‘No help from Saps’

He accused the Saps of failing to assist foreigners when they open cases.

“There are instances where the applicants attempted to lay charges. Either they were turned away from the police station and told to go back to their countries, or wait for hours for assistance.”

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“What we see on the facts is that Saps has failed to act promptly and expeditiously to investigate Operation Dudula.”

The NGOs have also taken issue with Operation Dudula’s regalia and seek a declaration that the wearing of uniforms resembling military uniforms by the group is unlawful.

“The wearing of military apparel and gatherings of this nature are intended to convey threats. They are intended to convey that those gatherings are exercising the authority of military forces.”

Operation Dudula is not opposing the application; however, Home Affairs and Saps have opposed certain aspects of the litigation.

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