High Court orders State to implement national action plan against xenophobia

The Johannesburg High Court has ordered the national government to implement its national action plan to fight xenophobia.

On Tuesday, the court handed down a ruling in favour of civil groups that took controversial lobby group and political party, Operation Dudula to court.

The court found that the group’s recent action at public hospital and schools – where they demand that people show their identity documents - is unlawful.

The government’s strategy to fight xenophobia, racism and other forms of unfair discrimination is documented the national action plan.

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

However, civil groups such as Kopanang Africa against xenophobia and Abahlali baseMjondolo said five years since it was adopted, critical aspects of the plan have not been implemented.

The court has agreed with the groups that the government’s unexplained failures to give proper effect to parts of the plan are an unconstitutional violation of its duties.

The court has ordered the government to take reasonable steps to implement its own plan.

It said this order is consistent with the Constitution.

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