On 10 and 11 June 2025, the High Court in Johannesburg will hear arguments in Part B of the matter Kopanang Africa Against Xenophobia and Others v Operation Dudula and Others. This case, brought on behalf of Kopanang Africa Against Xenophobia (KAAX), the South African Informal Traders Forum (SAITF), the Inner City Federation (ICF), and Abahlali BaseMjondolo, challenges the xenophobic and racist speech and conduct of Operation Dudula and certain of its office-bearers. The applicants are also seeking relief from relevant organs of state for failing to discharge their duties concerning xenophobia and Operation Dudula’s unlawful conduct.
The litigation was launched in a two-part application in May 2023. Part A of the application sought an initial special order to protect the identities of approximately 40 deponents who have provided supporting and confirmatory affidavits in their capacity as people who either personally witnessed or experienced the unlawful and violent conduct of Operation Dudula. In February 2024, the High granted an order in Part A that prohibits the publication of unredacted court papers that would reveal the identities of deponents who deposed on behalf of the applicants.
Part B of the litigation specifically addresses the unlawful conduct of Operation Dudula and its members, seeking an order that prohibits various actions, including harassment and intimidation of individuals. Operation Dudula has harassed and intimidated people by demanding to verify identity documents, forcing businesses to close, preventing informal traders from operating, evicting people from their homes without a court order, wearing uniforms that resemble those of the police or the military, denying people access to health care or education by removing students and teachers from schools based on of nationality – all this with no authority and in deliberate violation of rights of people. Operation Dudula has not participated in this case.
Part B also seeks orders against various organs of state. Among these is an order that requires the Government to fully implement its National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (NAP). In addition, applicants are seeking an order that interdicts the South African Police Service and the Department of Home Affairs from colluding with Operation Dudula or conducting dragnet raids targeting whole communities at Operation Dudula’s instigation and requiring the SAPS to investigate the crimes committed by Operation Dudula.
This case is important in that it seeks accountability for discrimination and ensures that the state protects those who are vulnerable to such abuses. South Africa’s history of apartheid stands as a sober reminder of the impact of state-sanctioned discrimination, intimidation, and harassment. This litigation affirms that there is no place for it in South Africa today.
Any media house wishing to live-stream the hearing may apply for permission by contacting the judge’s secretary, Ms. Gladys Dlamini, at
Contact details:
- Asenati Tukela, SERI attorney: asenati[at]seri-sa.org / 066 473 5182.
- Thato Masiangoako, SERI researcher: thato[at]seri-sa.org / 082 590 8973.
- Download the press statement here.