Gauteng High Court deems Operation Dudula actions unlawful
Gauteng High Court deems Operation Dudula actions unlawful
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Gauteng High Court deems Operation Dudula actions unlawful

3-Mob.com 🕒︎ 2025-11-05

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Gauteng High Court deems Operation Dudula actions unlawful

The Gauteng High Court in Johannesburg has interdicted vigilante group Operation Dudula from performing various actions against foreign nationals, which include interfering with access to healthcare services, as well as intimidation, harassment and assault. Part of the ruling said: It be and is hereby declared that only an immigration officer or a police officer has the power in terms of section 41 of the Immigration Act 13 of 2002 to demand that another private person produce her / his passport or other identity documents to demonstrate her / his right to be in the Republic of South Africa and that no private person has the power to do so unless expressly so authorised by law. The outfit is also banned from: (a) Intimidating, harassing and/or assaulting any individuals that they identify as being foreign nationals;(b) Making public statements that constitute hate speech on the grounds of nationality, social origin or ethnicity at public gatherings, on social media platforms or in any other way;(c) Interfering with the access of foreign nationals to health care services and/or their right to such access;(d) Interfering with access to, or the operations of, schools and intimidating or harassing learners, teachers or parents at schools;(e) Unlawfully evicting foreign nationals from their homes;(f) Unlawfully removing foreign nationals from their trading stalls or interfering with the employment of foreign nationals in shops and businesses;(g) Instigating, encouraging or inciting any other person to perform any of the acts prohibited by this order, on social media, at gatherings in terms of the Regulation of Gatherings Act 205 of 1993, or in any other way; The ruling came after a 2023 application by human rights groups, including Kopanang Africa Against Xenophobia and Abahlali baseMjondolo, who claimed that constitutional rights to dignity and security were being violated. Health Minister Aaron Motsoaledi hailed the court’s decision, stressing that healthcare should be accessible to all. The court further instructed state departments to roll out the National Action Plan against xenophobia. Subscribe to Blog via Email

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