The case has been filed by Kopanang Africa Against Xenophobia, along with several other applicants, and is being represented by the Socio-Economic Rights Institute (SERI).

The applicants are seeking a court order to prohibit Operation Dudula’s actions, which they argue violate constitutional rights and the rule of law.

Operation Dudula emerged in 2021, claiming to address crime and the presence of undocumented immigrants in SA communities. However, the movement has faced widespread criticism from civil society and human rights organisations, who accuse it of engaging in unlawful conduct, including intimidation, harassment, and inciting violence against migrants.

Attorney Asenati Tukela from SERI said the matter is being brought before the court to enforce the provisions of the Immigration Act and the Constitution.

“It is to enforce the powers under section 41 of the Immigration Act, which simply states that only an immigration officer can go around demanding that people produce their documents to prove their legality in the country,” Tukela explained.

“The second, and most important, is to interdict and restrain Operation Dudula from the harassment and the xenophobic attacks they have instituted against foreign nationals, which are denying people from education, access to health, denying people basically from enjoying the human rights that are guaranteed by the constitution.”

--SABC/ChannelAfrica--