Operation Dudula's conduct in schools and hospitals ruled unlawful

The Johannesburg High Court has ruled that Operation Dudula has no legal authority to prevent undocumented foreign nationals from accessing public healthcare and education services, declaring the movement's actions unlawful and xenophobic.

The ruling, delivered on Tuesday, follows a case brought by the Socio-Economic Rights Institute of South Africa (SERI) on behalf of several affected groups. SERI argued that Operation Dudula's activities - which included blocking access to schools and clinics, and harassing migrants - amounted to intimidation and violated constitutional rights.

The court ruled in SERI's favour, issuing an interdict prohibiting Operation Dudula from obstructing or interfering with access to clinics, hospitals, and schools.

SERI's litigation director, Nkosinathi Sithole, welcomed the judgment, calling it a victory for human rights and the Constitution.

"This is an exciting moment, not only for our clients but for the South African Constitution," Sithole said. "What we have been seeing is dastardly criminal conduct by Operation Dudula - blocking people from facilities, including healthcare and education, and demanding identity documents. All of that has now been declared unlawful and interdicted."

Sithole added that the ruling also placed responsibility on the state to ensure such actions are not tolerated.

"The court did not only talk about Operation Dudula - it also spoke about the state, including the Ministers of Police and Home Affairs. It made it clear that they too must ensure they are not complacent in these unlawful acts," he said.

He further emphasised that law enforcement must follow due process when dealing with undocumented migrants.

"The state cannot simply enter people's homes and start doing raids. They need to have a search warrant or an arrest warrant. In public, they must have a clear and reasonable suspicion before asking for identity documents," Sithole explained.

Despite the ruling, some Operation Dudula members who gathered outside the court vowed to continue their activities, insisting they would "do what needs to be done" on the streets.

The judgment is seen as a major affirmation of constitutional protections for all people in South Africa - regardless of nationality or immigration status.