By Were Kelly |
The High Court in Pretoria has declared the anti-immigrant operations of the group Operation Dudula to be unlawful and unconstitutional.
In a judgment delivered on Wednesday, the court found that the organisation’s campaign of blockading access to hospitals and schools and demanding identity documents from suspected undocumented migrants constituted vigilantism and violated fundamental human rights.
The case was brought against Operation Dudula by the South African Human Rights Commission (SAHRC) and the Minister of Home Affairs.
The court’s ruling was unequivocal, stating that such actions could not be justified under any reading of the law. The presiding judge was cited in the written judgment, stating, “Vigilantism cannot be dressed in the garb of community concern. It is an affront to the rule of law and the dignity of every person affected by these blockades.”
The court made a previous interim interdict permanent, formally prohibiting the group, its members, and supporters from organising or participating in such blockades.
The ruling was hailed by human rights advocates as a critical victory. “This judgment is a vital affirmation that our Constitution protects everyone, regardless of nationality,” said an advocate for the SAHRC.
“It draws a clear line against xenophobic rhetoric masquerading as civic action.” However, the leader of Operation Dudula struck a defiant tone in response, signalling that the political battle is far from over.
“The courts are protecting illegal foreigners while South Africans suffer,” the founder stated. “We will appeal this decision. This is not the end of our fight.”
