Court orders Operation Dudula to stop harassment of migrants

The High Court in Johannesburg has interdicted the fiercely xenophobic and anti-migrant group from targeting foreign nationals, and directed the police and government to enforce the ruling. By Lerato Mutsila

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In a judgment that took just more than four months to deliver, the High Court in Johannesburg has interdicted Operation Dudula, the anti-migrant group, from barring any foreign national in South Africa from accessing healthcare facilities or schools.

The case began in 2023 when Kopanang Africa Against Xenophobia (Kaax), the South African Informal Traders Forum, the Inner City Federation and Abahlali baseMjondolo, represented by the Socio-Economic Rights Institute, filed the legal challenge.

The Department of Home Affairs and the South African Police Service (SAPS) were added as respondents in the application for failing to protect vulnerable communities from Operation Dudula's xenophobic conduct and, in some instances, for allegedly colluding with or supporting its activities.

The landmark judgment came after Operation Dudula, which is registered as a political party and has its sights on the 2026 local government election, embarked on a sustained campaign to block foreign nationals from accessing hospitals and clinics, and recently announced plans to do the same outside schools.

On Tuesday, 4 November, Judge Leicester Adams made it unequivocally clear that Operation Dudula's harassment, intimidation and assault of migrants were unlawful and unconstitutional. Apart from interdicting Operation Dudula, the judgment also compelled several arms of the government to enforce the ruling and protect the constitutionally enshrined rights of migrants.