Court prohibits Operation Dudula's identity checks

OPERATION Dudula has been ordered to stop demanding passport or other identity documents from foreign nationals who want to access health and education services in the country.

- LOYISO SIDIMBA

Yesterday, Gauteng High Court Judge Leicester Adams handed down a scathing ruling on the organisation, largely accusing it of using vigilantism in its operations.

The judge declared that only an immigration officer or a police officer has the power in terms of section 41 of the Immigration Act 13 of 2002, to demand that another private person produce her or his passport or other identity documents to demonstrate their right to be in South Africa and that no private person has the power to do so, unless expressly so authorised by law.

"The first respondent (Operation Dudula), the eleventh and twelfth respondents (Operation Dudula leaders Zandile Dabula and Dan Radebe) are hereby interdicted and restrained from demanding that any private person produce her/his passport or other identity documents to demonstrate her/his right to be in the Republic," read Judge Adams' order.

The matter was brought by Kopanang Africa Against Xenophobia, SA Informal Traders Forum, Inner City Federation and Abahlali BaseMjondolo, who were represented by the Socio-Economic Rights Institute of SA.