The Gauteng Division of the High Court in Johannesburg has interdicted Operation Dudula from blocking foreign nationals' access to healthcare facilities and schools. The ruling, delivered on 4 November, prohibits the anti-migrant group from harassing, intimidating, or assaulting migrants. It also directs police and government departments to enforce the order.
The legal challenge against Operation Dudula began in 2023, initiated by groups including Kopanang Africa Against Xenophobia (Kaax), the South African Informal Traders Forum, the Inner City Federation, and Abahlali baseMjondolo. Represented by the Socio-Economic Rights Institute, they targeted the group's xenophobic actions, such as barring foreign nationals from clinics and hospitals. The Department of Home Affairs and South African Police Service were cited as respondents for allegedly failing to protect communities or even colluding with Dudula.
On 4 November, Judge Leicester Adams ruled that Operation Dudula's conduct was unlawful and unconstitutional. The judgment, over four months in preparation, explicitly bans the group—registered as a political party eyeing the 2026 local elections—from demanding passports or IDs from private individuals, a power reserved for immigration officers and police. Leaders Zandile Dabula and deputy Dan Radebe are prohibited from intimidation, harassment, assault, hate speech based on nationality or ethnicity, blocking access to healthcare or education, unlawful evictions, or interfering with migrant businesses. The group must inform all members of the order and cannot encourage such actions online or at gatherings.
The ruling compels government departments to implement the National Action Plan to Combat Racism, Xenophobia and Related Intolerance, including early warning systems and data collection on hate crimes. Police and immigration checks are limited to public places with reasonable suspicion and warrants where needed; children under 18 face protections against questioning or detention.
Dale McKinley of Kaax called the decision 'huge,' stating, 'This is huge because it affirms not only the constitutional human right that we’ve been arguing for, but it also puts paid to these arguments that an organisation like Operation Dudula can replace the state and has the power to do these vigilante things.' He highlighted enforcement challenges, noting past government inaction, and announced mobilization with organizations like Doctors Without Borders and SECTION27 to monitor clinics and schools. McKinley urged citizen reporting to ensure compliance, warning that ignoring the order could undermine constitutional rights.