Gauteng Local Division of the High Court – Kopanang Africa Against Xenophobia – Operation Dududula – xenophobic and racist conduct – Immigration Act

In this matter, SERI represents Kopanang Africa Against Xenophobia (KAAX), the South African Informal Traders Forum (SAITF), the Inner City Federation (ICF) and Abahlali BaseMjondolo who seek relief against Operation Dudula and certain of its office-bearers for xenophobic and racist speech and conduct, as well as relevant organs of state for failing to discharge their duties in relation to Operation Dudula’s unlawful conduct.

A two-part application was launched in the High Court on 16 May 2023. Because of the threats and reprisals by Operation Dudula and its members or people incited by them, part A of the application seeks an initial special order that protects the identities of approximately 40 applicants who provide supporting and confirmatory affidavits as people who experienced or witnessed unlawful, and often violent conduct by Operation Dudula. Part A seeks authorisation of a process in which the founding court papers in which the applicants’ identities are redacted for their protection are served initially, pending an order prohibiting the respondents from disclosing the identities of the applicants, after which the unredacted papers will be served on the respondents.

Part B of the application deals with the unlawful conduct of Operation Dudula and its members and seeks an order prohibiting various actions, including intimidating and harassing people, demanding to check identity documents, forcing businesses to close or preventing informal traders from operating, evicting people from their homes without a court order, wearing uniforms that resemble those of the police or army, denying people access to healthcare, and removing students and teachers from schools because of their nationality.

The applicants also seek orders against relevant organs of state. These include orders requiring Government to implement fully its plan relating to racism and xenophobia, interdicting 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.

On 7 February the High Court handed down the Part A order prohibiting the respondents from disclosing the identities of the applicants, The High Court also declared that no person, including the media, may publish the names, addresses and professional status of the deponents to the founding, supporting and confirmatory affidavits in this matter or any other personal information likely to identify them.

• Access the Part A court order (7 February 2024) here.
• Access the rule 16A notice (2 October 2023) here. 
• Access the founding affidavit (16 May 2023) here.