High Court Orders Government to Enforce National Plan Against Xenophobia After Civil Society Victory

High Court Orders Government to Enforce National Plan Against Xenophobia After Civil Society Victory

In a landmark judgment hailed as a win for human rights and social justice, the Johannesburg High Court has ordered the South African government to implement its National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance five years after it was adopted and largely left to gather dust.

The ruling comes after civil society groups challenged both Operation Dudula, a controversial anti-immigrant movement, and the state itself for failing to uphold constitutional protections for foreign nationals living in South Africa.

Operation Dudula’s Hospital and School Raids Sparked Legal Action

The case was sparked by a wave of disturbing incidents involving Operation Dudula, whose members have been filmed confronting patients in public hospitals and visiting schools, demanding that people produce identity documents to “prove” they are South African.

The High Court found these actions to be unlawful, ruling that no private group has the authority to police immigration or enforce citizenship checks in public spaces.

Civil groups including Kopanang Africa Against Xenophobia (KAAX) and Abahlali baseMjondolo, the shack dwellers’ movement, approached the court to demand accountability, not just from Dudula, but also from the government, for its failure to act against growing xenophobic sentiment.

Court Says Government Failed to Uphold Its Own Commitments

In its ruling, the court agreed with the civil groups that the government’s failure to implement its national action plan adopted in 2019, violates the Constitution and undermines South Africa’s international human rights obligations.

“The government’s unexplained failure to give proper effect to critical aspects of the plan is unconstitutional,” the judgment stated. It ordered the state to take reasonable steps to implement the plan “in a manner consistent with the Constitution.”

The National Action Plan was meant to serve as a roadmap for combating discrimination, educating the public, and ensuring accountability for hate crimes and xenophobic violence. Yet, according to activists, implementation has been minimal, leaving the door open for extremist rhetoric and vigilante movements like Operation Dudula to fill the void.

Civil Society Celebrates, But Warns the Work Is Not Over

Following the judgment, activists celebrated outside the courthouse, calling it a “people’s victory” and a reminder that government promises must translate into action.

“Today, the Constitution has spoken loudly and clearly,” said one Kopanang Africa member outside the court. “For years, we have seen migrants attacked, blamed, and humiliated while government stood by. This judgment forces the state to do what it should have done long ago.”

On social media, South Africans expressed mixed reactions. Some praised the decision as “a necessary stand against hate,” while others, echoing Dudula’s rhetoric, argued that the focus should remain on unemployment and border control.

The public discourse around migration in South Africa remains deeply polarised, with communities often caught between socio-economic frustration and political scapegoating.

A Pattern of Delay and Denial

Legal observers say the case exposes a recurring pattern, progressive laws and plans that exist on paper but are rarely enforced.

The National Action Plan was tabled in response to recurring waves of xenophobic violence, including the 2008 and 2015 attacks that left scores dead and hundreds displaced. Despite these tragedies, critics argue that government departments have shown little urgency in transforming the plan’s principles into real policies, training, or community education.

“This ruling sets an important precedent,” said a Johannesburg-based constitutional lawyer. “It reaffirms that the state can’t simply make policy announcements and then ignore them. The Constitution demands implementation, not lip service.”

A Constitutional Turning Point

The High Court’s ruling may mark a turning point in South Africa’s long struggle to reconcile its constitutional ideals of equality and dignity with the harsh realities of social division and mistrust.

For now, the judgment sends a clear message: xenophobia cannot be tolerated not by citizens, and certainly not by a government that has sworn to protect everyone within its borders.

As one activist put it outside the court:

“South Africa’s freedom means nothing if it only applies to some of us.”

The Johannesburg High Court has ordered the South African government to finally act on its five-year-old anti-xenophobia plan, ruling that inaction violates constitutional obligations. The decision, sparked by Operation Dudula’s unlawful actions, represents a powerful reminder that democracy demands more than policy, it demands protection for all who call this country home.

{Source: EWN}

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