Court Orders Operation Dudula To Stop Blocking Foreigners From Hospitals And Schools

The Gauteng Division of the High Court in Johannesburg has handed down a decisive ruling against Operation Dudula, ordering the anti-migrant group to immediately stop harassing or preventing foreign nationals from accessing healthcare facilities and schools in South Africa.

This judgment, delivered by Judge Leicester Adams on Tuesday, 4 November, follows a legal battle that began in 2023. The court made it clear that Operation Dudula’s actions — which included intimidation, harassment and even assault of migrants — were unlawful and unconstitutional.

The order also compels the South African Police Service (SAPS), the Department of Home Affairs, and other relevant government bodies to ensure that the ruling is properly enforced, providing much-needed protection for vulnerable migrant communities across the country.

Landmark Ruling Reinforces Migrants’ Constitutional Rights

The case was brought forward by 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, these organisations sought to protect the fundamental rights of migrants who have increasingly faced hostility from Operation Dudula.

The group, which has recently registered as a political party with ambitions for the 2026 local government elections, had launched aggressive campaigns aimed at blocking foreign nationals from hospitals and clinics.

It had even announced plans to extend such actions to schools — sparking widespread condemnation from human rights advocates.

Police and Government Ordered to Enforce Judgment

In his ruling, Judge Adams emphasised that Operation Dudula’s actions directly violated South Africa’s Constitution.

The court’s interdict not only prohibits the group from interfering with access to essential public services but also instructs law enforcement and key government departments to take active measures to uphold the court’s decision.

By placing responsibility on the state to protect migrants from harassment, the ruling represents a major victory for human rights defenders and a reaffirmation of South Africa’s constitutional values.

Major Points from the High Court Judgment

The court’s order includes several firm directives clarifying who has the legal authority to question individuals about their immigration status and setting out strict prohibitions for Operation Dudula’s leadership:

Only immigration officers or police officers are legally allowed to ask someone to show a passport or ID to verify their right to be in South Africa. Private individuals and groups such as Operation Dudula have no legal power to demand such documentation.

The judgment specifically bans Operation Dudula leader Zandile Dabula and deputy chairperson Dan Radebe from engaging in or encouraging any of the following actions: demanding passports or IDs from members of the public.

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Intimidating, harassing, or assaulting anyone identified as a foreign national. Making public statements or social media posts that promote hate based on nationality, ethnicity, or social origin.

…Blocking access to healthcare or preventing foreign nationals from using clinics, hospitals, or other public services. Interfering with schools or harassing learners, teachers, or parents.

Unlawfully evicting foreign nationals from their homes. Removing or blocking foreign nationals from trading stalls, shops, or other businesses. Encouraging others to engage in any of the above actions, whether in person, online, or at public gatherings.

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