The Gauteng High Court in Johannesburg has delivered a landmark ruling declaring that Operation Dudula’s actions against foreign nationals were unlawful, xenophobic, and unconstitutional.
The court’s judgment comes after Kopanang Africa Against Xenophobia (KAAX) and several civil society organisations took the anti-immigration group to court, accusing it of leading a “systematic campaign of unlawful xenophobic actions” and the State of failing to protect migrants.
In his ruling, Judge Leicester Adams stated that being a non-citizen or undocumented does not strip anyone of their fundamental human rights. The court found that Operation Dudula’s activities including preventing foreigners from accessing healthcare and education, as well as harassing, intimidating, and assaulting them violated the rights to dignity, freedom, and security of person.
The court has ordered Operation Dudula to stop obstructing foreign nationals from accessing public services and to refrain from any form of intimidation, hate speech, or unlawful eviction.
Furthermore, the ruling restricts law enforcement from conducting warrantless searches or immigration checks in private homes. Police are now only allowed to act in public spaces and only when there is reasonable suspicion.
Judge Adams added that the applicants had shown a real risk of continued harm if the court did not act. As a result, both Operation Dudula and government respondents have been ordered to pay legal costs.
Human rights organisations have since welcomed the judgment, describing it as a victory for justice and a reminder that South Africa’s constitutional protections apply to all individuals, regardless of nationality or legal status.