In a decisive legal blow, the Johannesburg High Court has drawn a firm line against vigilante anti-immigrant actions, granting a sweeping interdict that curtails the activities of the Operation Dudula movement. The ruling marks a significant moment in South Africa’s ongoing struggle with xenophobia and the rule of law.
The court order, handed down on Monday, explicitly prohibits the group and its members from harassing, intimidating, or assaulting anyone they identify as a foreign national. More broadly, it forbids them from obstructing people’s access to essential public servicesa direct response to past incidents where members blockaded clinics and schools.
Who Has the Right to Demand Papers?
One of the most critical parts of the judgment addresses a core tactic of the movement: demanding to see people’s identity documents. The court made it unequivocally clear that this power resides with the state alone.
In its written judgment, the court declared that only authorized immigration and police officers acting under specific legislation are empowered to demand passports or IDs to verify a person’s status in the country. “No private person or group may exercise such powers,” the court stated, effectively outlawing the group’s street-level document checks.
The Full Scope of the Ban
The interdict is comprehensive, designed to dismantle Operation Dudula’s operational model. The movement and its supporters are now legally barred from:
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Evicting people from their homes, trading stalls, or workplaces.
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Making public statements that constitute hate speech based on nationality or social origin.
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Encouraging others, including via social media, to commit any of these acts.
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Interfering with access to healthcare services and educational facilities.
This final point strikes at the heart of several high-profile confrontations, including the group’s blockades at the Hillbrow Clinic in Johannesburg, where people presumed to be undocumented migrants were prevented from receiving medical care.
A Victory for Civil Society
The landmark application was brought by a coalition of civil society groups, including Kopanang Africa Against Xenophobia, the South African Informal Traders Forum, and the Abahlali baseMjondolo Movement SA. They argued successfully that Operation Dudula’s actions violated the constitutional rights to dignity, equality, and basic services, creating a climate of fear and engaging in unlawful self-policing.
The court has instructed Operation Dudula to communicate the contents of this judgment to all its office-bearers and members nationwide. The ruling does not end the broader conversation about immigration policy, but it firmly establishes that targeted harassment and vigilante justice have no place in its execution. The law, the court affirmed, must be applied by the state, not by mobs.
