Court bars Operation Dudula making statements that constitute hate speech on grounds of nationality or ethnicity

The Johannesburg High Court has barred lobby group and political party Operation Dudula from making public statements that constitute hate speech on the grounds of nationality or ethnicity.

Earlier on Tuesday, the high court handed down a judgment in favour of rights groups against xenophobia.

Groups, including Abahlali baseMjondolo and the South African Informal Traders Forum, took Dudula to court for their recent acts of demanding identity documents at public healthcare facilities and schools. The groups also accused police of failing to act to stop Dudula.

The Johannesburg High Court has ruled that only an immigration or police officer has the power to demand that another person produce identity documents. It has also interdicted Operation Dudula and its leaders from intimidating, harassing, and assaulting any individuals that they identify as foreign nationals.

While the majority of the judgment was in favour of the rights groups, the court did not grant their request to bar Dudula members from wearing military-style uniforms.

The court also does not agree with submissions made by the groups that police failed to combat, prevent, and investigate criminal conduct. The groups have also made allegations of communication and collusion between police, the Home Affairs Department, and Operation Dudula, but the court has not ruled in their favour in this regard.