The Gauteng High Court has handed down a decisive ruling against Operation Dudula, ordering the group to stop targeting and obstructing foreign nationals in South Africa immediately.
The ruling follows a legal challenge filed by Kopanang Africa Against Xenophobia (KAAX) alongside partner civil society groups, who accused Operation Dudula of running a coordinated campaign of intimidation, harassment, and violence against migrants, with the state failing to act.
In his judgment, Justice Leicester Adams made it clear that being undocumented or non-South African does not erase a person’s humanity. The court held that every individual is guaranteed dignity, safety, and access to essential services, including healthcare, under the law of South Africa.
The court found that Operation Dudula’s continued harassment and disruptions amounted to a direct assault on the constitutional rights of migrants, breaching their rights to dignity, freedom, and personal security. It added that there is a real and ongoing threat of further harm if the group is not restrained.
As a result, Operation Dudula has been interdicted from:
• Blocking foreign nationals from accessing clinics or hospitals
• Harassing or assaulting individuals based on nationality
• Running or coordinating vigilante-style “inspections” of communities, workplaces, or businesses
The court also awarded costs against Operation Dudula and the government respondents, a clear signal of judicial disapproval.
This ruling lands in the heart of a tense national debate on migration, belonging, and justice, a reminder, in the judge’s words, that constitutional rights do not depend on a passport.
Human dignity is not negotiable, not in the streets, not in the hospitals, not in the courts, and not in South Africa.
