Operation Dudula Ruled Unlawful: What the Court Decided
The South African High Court ruled that Operation Dudula’s actions are unlawful and unconstitutional, affirming that only police and immigration officers may request identity documents. The court has interdicted Operation Dudula and its leaders from demanding passports, intimidating or assaulting foreign nationals, engaging in hate speech, blocking access to healthcare or schools, unlawfully evicting people, interfering with traders or employment, and inciting others to do so. Operation Dudula must inform all its members of the ruling. The government is also directed to implement the National Action Plan to Combat Xenophobia, while the court found insufficient evidence to support claims of collusion between police or Home Affairs and Operation Dudula. Additionally, immigration identity checks are mandated to occur only in public places, based on reasonable suspicion, with special safeguards for children’s rights.
Given ongoing violations and risks, this judgment reinforces that everyone within South Africa has rights under the law, including the right to legal assistance. The Scalabrini Centre of Cape Town plays a crucial role by providing support, including guidance on documentation, legal referrals, and emergency assistance for those arrested for immigration reasons.
The Scalabrini Centre’s digital, mobile-friendly guide explains rights and procedures throughout the detention and deportation process in accessible language. It covers everything from police or immigration stops to court proceedings, detention, and potential deportation, ensuring people know their rights and what steps to take, including which organizations to contact for help.
Here is the guide link: Scalabrini Centre Deportation Guide.
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- Social Justice South Africa
- Immigration Act Section 41
- Constitutional Rights Everyone South Africa
- Rule Of Law South Africa
- Education Rights South Africa
- Healthcare Access Rights South Africa
- Unlawful Evictions South Africa
- Saps Constitutional Duties
- Hate Speech South Africa
- Kopanang Africa Against Xenophobia
- National Action Plan Against Xenophobia
- Foreign Nationals Rights South Africa
- Court Judgment Operation Dudula
- Vigilante Groups South Africa
- Immigration Law South Africa
- Human Rights South Africa
- Anti Xenophobia Movements
- South African High Court Ruling
- Xenophobia In South Africa
- Operation Dudula