On 10 and 11 June 2025, the South Gauteng Division of the High Court will hear a groundbreaking case that could reshape how South Africa deals with xenophobia and protects the rights of international migrants (often referred to as “foreign nationals”, whether documented or otherwise).

Kopanang Africa Against Xenophobia (KAAX), together with the South African Informal Traders Forum, the Inner City Federation, and Abahlali baseMjondolo, filed the court papers over two years ago against Operation Dudula and various government Ministers and departments.

The case – Kopanang Africa Against Xenophobia & Others v Operation Dudula & Others (Case No. 44685/2023) – comes at a time when xenophobic rhetoric and actions as well as increasingly repressive and violent conduct towards many international migrants have become increasingly normalised across the country.

Through this legal action, KAAX and allied organisations and activists, represented by the Socio-Economic Rights Institute of South Africa (SERI), are demanding justice, equality, respect for the rule of law and the protection of constitutional rights for all – regardless of nationality.

Government in the dock

The applicants are not just targeting the specific acts of Operation Dudula but all the rhetoric and vigilante activities that have been taken up by a variety of groups calling themselves various names but which fall under the OD umbrella. Further, the case is also challenging the state’s failure to act against the contempt for the law and the systematic violation of human rights carried out by OD and its various manifestations.

Key government institutions – including the South African Police Service, the Department of Home Affairs, the Department of Health and the Department of Justice and Correctional Services – stand accused of failing in their constitutional duty to protect international migrants from threats, harassment, discrimination and violence.

The applicants seek a court interdict against Operation Dudula’s well planned and documented programme of harassment, intimidation, forced evictions and violence, which have included the forcible prevention of children from attending school and pregnant mothers from accessing healthcare services, based on their nationality.

What makes this case particularly significant is that Operation Dudula has chosen not to oppose the application, while only the Minister of Home Affairs and SAPS have opposed the portions directly concerning them.

As KAAX has previously stated: “Operation Dudula and their enablers have the wrong target, the wrong information, and the wrong politics.”

Civil society mobilises

The case has attracted unprecedented support from human rights organisations, reflecting its broader significance for constitutional democracy in South Africa.

Media Monitoring Africa (MMA) is bringing crucial evidence about Operation Dudula’s digital activities to the court’s attention. This digital dimension makes the case particularly relevant for addressing modern forms of discrimination that transcend physical boundaries.

The South African Human Rights Commission has made submissions on interpreting the Immigration Act, particularly regarding children’s rights. SECTION27 and the International Commission of Jurists have been admitted as amici curiae, with a pending application from the UN Special Rapporteur on Human Rights Defenders represented by Lawyers for Human Rights.

This collective legal mobilisation demonstrates that the fight against xenophobia requires coordinated action across multiple sectors of society.

The case builds on KAAX’s previous work, including the challenge against Limpopo MEC Dr Ramathuba for xenophobic remarks and advocacy following attacks on informal traders such as the burning of Yeoville Market.

What’s at stake

This case goes far beyond challenging one organisation’s conduct. It addresses fundamental questions about the state’s duty to enforce the law equally, respect and protect international migrants, the intersection of offline and online rights, and government accountability when faced with systematic rights violations.

The outcome will establish crucial precedents for how South Africa addresses xenophobia – both in preventing harmful conduct by vigilante groups and ensuring government departments fulfil their constitutional obligations.

At its core, this is about whether South Africa will live up to its constitutional promise of human dignity, equality, and freedom for all people who live and work within its borders.The case will be closely watched by human rights advocates, legal practitioners, and affected communities across the country and beyond.

The hearing is set for 10 and 11 June 2025 at 10:00 at the South Gauteng Division of the High Court, Johannesburg.


Issued by:

Kopanang Africa Against Xenophobia (KAAX)