JOHANNESBURG – The International Commission of Jurists (ICJ) has urged the High Court in Johannesburg to consider South Africa’s international legal obligations to protect migrants and refugees from discrimination and xenophobic violence, as part of an ongoing court battle involving vigilante group Operation Dudula.
The case, brought by civil society organisation Kopanang Africa Against Xenophobia and others, was heard on 10 and 11 June before the Gauteng Division of the High Court. It accuses Operation Dudula of engaging in violent forced evictions, public harassment, intimidation of informal traders, and the denial of access to public services for foreign nationals, with alleged inaction and even collusion by state authorities.
The ICJ joined the matter as amicus curiae, submitting that South Africa’s immigration policies and their enforcement must comply with binding international instruments such as the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.
The group particularly criticised section 41 of the Immigration Act, which permits warrantless searches by immigration officers. They argued that the provision opens the door to unlawful actions by both authorities and private groups and has been used to justify discriminatory practices against non-citizens.
Applicants in the case are seeking five key outcomes: a declaration that section 41 is unconstitutional, an interdict against Operation Dudula’s activities, orders compelling government and police to act against xenophobic violence, and the full implementation of the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance, which has remained largely dormant since its adoption in 2019.
ICJ’s legal team was led by Advocates Irene Mpofu and Thabang Pooe, while Webber Wentzel Attorneys provided representation on a pro bono basis.
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