Press Statement | Lawyers for Human Rights Welcomes Landmark Judgment Interdicting Operation Dudula

Date: 05/11/2025


Lawyers for Human Rights today welcomes the landmark judgment delivered on 4 November 2025 by the Gauteng Division of the High Court, Johannesburg. This decisive ruling, in the matter of Kopanang Africa Against Xenophobia & Others v Operation Dudula & Others, is a powerful victory for South Africa’s constitutional order and an urgent affirmation that human dignity has no nationality.

 

 

LHR made submissions and represented the UN Special Rapporteur on Human Rights Defenders as amicus curiae in this crucial matter.

The judgment sends a strong message that xenophobic vigilantism is unlawful, violates fundamental rights, and will not be tolerated in our democracy.

The core legal strength of this judgment lies in its uncompromising assertion that the Rule of Law is supreme, and that “no one is entitled to take the law into her or his own hands.”

The court granted an interdict against Operation Dudula and its leaders, declaring their pattern of harassment, intimidation, and unlawful demands for documents to be a fundamental threat to the stability of our society. This ruling ensures that the power to enforce immigration law remains exclusively with authorised state officials, thereby striking a crucial blow against the unconstitutional practice of private individuals acting as self-appointed immigration police.

This judgment goes further than merely prohibiting violence, it actively protects basic human rights. Operation Dudula is now interdicted from interfering with constitutional rights of vulnerable communities, including prohibiting their leaders and members from unlawfully evicting people from their homes, removing informal traders from their stalls, or interfering with access to healthcare services or schools for any person, regardless of their nationality. This provides an essential shield for all persons within South Africa’s borders.

LHR stresses the profound constitutional significance of the court’s analysis, which correctly identifies the attacks perpetrated by Operation Dudula as a manifestation of “xeno-racism.”

By acknowledging that this discrimination is disproportionately directed at black African non-nationals, the court connects the current xenophobic climate to South Africa’s painful history of anti-black racism under colonialism and apartheid. To permit such hatred to flourish would be a profound betrayal of the core principles upon which our democracy was founded. This judgment  confirms that the rights to equality, human dignity, and freedom (the very bedrock of our democracy) are universal and apply to all persons without exception or qualification based on nationality or origin.

Beyond the prohibitions placed on Operation Dudula, the High Court issued a vital directive that compels the Government of the Republic of South Africa to take reasonable steps to implement the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance. This order specifically includes establishing an early warning and rapid response mechanism for threats of xenophobic hate speech and hate crimes. LHR views this as an essential legal mandate, compelling the State to move from merely reactive condemnation to proactive protection of all residents and ensuring that the government fulfils its primary constitutional duty to guarantee the safety and rights of everyone within its territory.

LHR remains committed to monitoring the government’s compliance with this order and stands in firm solidarity with the applicants, Kopanang Africa Against Xenophobia, the South African Informal Traders Forum, Inner City Federation, Abahlali BaseMjondolo Movement SA and their representative, the Socio Economic Rights Institute. LHR further acknowledges the tireless dedication of their team and counsel in this matter, Advocate Jatheen Bhima, for their critical work in securing this victory, which translates into tangible safety and dignity for all communities affected by xenophobia!

Read the Judgement here: https://www.saflii.org/za/cases/ZAGPJHC/2025/1102.html

For more information contact:

Mpho Makhubela at Mpho@lhr.org.za | 012 320 2943

Sebei Mametlwe at Sebei@lhr.org.za | 012 320 2943

Thank you for joining
Thank you for joining the LHR Newsletter, we will be in touch soon