State-Enabled Xenophobia: Operation Dudula Trial Highlights Collision of Constitutional Protections and Immigration Politics

Strategic Insights -

Civil society groups and rights organizations continued their battle against the anti-migrant group Operation Dudula in the Gauteng Division of the High Court, accusing the South African Police Service (SAPS) and the Department of Home Affairs (DHA) of colluding with the group. The court proceedings revealed a clash between the applicants' demands for constitutional protections and the government's defense of immigration legislation, with the SAPS and DHA denying all allegations of collusion and asserting that their actions were lawful and necessary. Operation Dudula, meanwhile, maintained that it was the "mouthpiece of South Africans" and that the nation was facing an "immigration crisis."

Key Takeaways:

  • The high court case involves the civil society group Kopanang Africa Against Xenophobia (KAAX) and several other rights organizations challenging Operation Dudula's alleged xenophobic conduct and the alleged collusion between the SAPS and DHA.
  • Advocate Jason Brickhill presented evidence that SAPS officials have, at times, acted in concert with Operation Dudula, detaining individuals identified as foreign nationals without a lawful basis, which he said amounts to state-enabled xenophobia.
  • The SAPS and the DHA denied all allegations of collusion, with the SAPS's advocate, W Isaaks, asserting that the police had acted within their constitutional and legislative obligations.
  • The court also discussed Section 41 of the Immigration Act, which allows for warrantless searches without reasonable suspicion, with the applicants seeking to have it declared constitutionally invalid.
  • Operation Dudula's president, Zandile Dabula, emphasized that the group was the "mouthpiece of South Africans" and that the nation was facing an "immigration crisis."
  • Dale McKinley of KAAX stated that Operation Dudula does not represent the majority of South Africans, but Rather a small vocal minority amplified on social media.

Statistics:

  • The case was filed in 2023 by KAAX, the South African Informal Traders Forum, the Inner City Federation, and Abahlali baseMjondolo to prevent Operation Dudula from assaulting, harassing, or intimidating migrants and to stop Operation Dudula from impeding access to healthcare services and schools for the children of international migrants.
  • The SAPS has opened a case of intimidation and malicious damage in the instance where traders in Orange Grove were threatened and assaulted.
  • The case number for the opening of the case is 251/03/2022.
  • The police investigation into the murder of Elvis Nyathi led to arrests, but the case was struck from the roll due to witness non-cooperation.

Sources:

  • Read more: State-enabled xenophobia
  • Daily Maverick