Court strikes down Operation Dudula’s ban on migrant in schools and clinics

In a decisive ruling on Tuesday, the Johannesburg High Court declared that Operation Dudula has no authority to prevent undocumented foreign nationals from accessing public schools and health‑care facilities.

The judgement came after the Socio‑Economic Rights Institute of South Africa (SERI) brought the case on behalf of affected groups who had experienced harassment, intimidation, and blockades by the movement.

The court found that the organisation’s actions were unlawful and xenophobic, and issued an interdict preventing them from blocking clinics and schools. SERI’s litigation director, Nkosinathi Sithole, described the ruling as “an exciting moment for our clients and the South African constitution,” emphasising that blocking access to public services and demanding identity documents in public spaces constitutes criminal conduct.

Sithole further stressed that the court’s ruling also placed responsibility on the state, specifically the Ministers of Police and Home Affairs, to ensure they do not allow such vigilantism to continue. “The state cannot simply enter homes or public spaces without proper legal authority. They need warrants and reasonable suspicion before taking such actions,” he said.

Despite the ruling, members of Operation Dudula outside the court maintained they would continue their street-level activities, insisting they would “do what needs to be done.” The judgement underscores the judiciary’s stance that constitutional rights, including access to education and health care, must be protected against acts of intimidation and xenophobia.