SA High Court Bars Operation Dudula From Blocking Foreign Nationals’ Access To Healthcare And Schools

The Gauteng High Court in Johannesburg has issued an order prohibiting Operation Dudula from preventing foreign nationals from accessing healthcare services and schools.

The landmark ruling follows a 2023 application lodged by several civil society organisations — including Kopanang Africa Against Xenophobia (KAAX), the South African Informal Traders Forum (SAITF), the Inner City Federation (ICF), and Abahlali BaseMjondolo. The substantive hearing took place in June this year.

In their application, the organisations asked the court to direct the South African Police Service (SAPS) to investigate crimes allegedly committed by Operation Dudula members and to compel the government to implement its national action plan against racism and xenophobia.

Delivering judgment on Tuesday, 04 November 2025, Judge Leicester Adams ruled that Operation Dudula had acted unlawfully by obstructing foreign nationals from receiving medical care at public hospitals and clinics.

Judge Adams cited evidence of a sustained pattern of unlawful conduct, including incitement that led to the 2022 murder of Elvis Nyathi in Diepsloot, violent raids on Johannesburg buildings, assaults on informal traders, and blockades of healthcare facilities — some of which reportedly forced pregnant women to give birth at home. He said:

“The undisputed evidence before me indicates that since 2021 Operation Dudula has emerged as one of the most visible and violent proponents of xenophobia, targeting foreign nationals and those perceived to be foreign.

“Operation Dudula has also targeted public healthcare facilities, using threats and violence to prevent foreign nationals from accessing healthcare.

“In August and September 2022, Operation Dudula picketed outside the Kalafong Hospital and the Hillbrow clinic, refusing access to those they deemed to be foreign nationals.

“During January 2023, Operation Dudula picketed at the Jeppe Clinic, resulting in many patients being turned away, including pregnant women.

“As a result, at least two women were forced to give birth at home, without any proper health care.

“Operation Dudula has also targeted schools, demanding the removal of non-South African teachers and undocumented learners.

“Operation Dudula’s conduct resulted in the permanent closure of at least one school in Jeppestown, which had 300 learners and 40 staff.

“The school was forced to close after concluding that it could not guarantee the safety of its staff and learners, following threats by Operation Dudula and the intimidation of its employees.”

The final court order goes further, explicitly prohibiting Operation Dudula from intimidating, harassing, or assaulting individuals identified as foreign nationals.

 The group is also barred from making public statements that constitute hate speech based on nationality, social origin, or ethnicity.

In addition, the order prevents them from interfering with foreign nationals’ access to healthcare services or disrupting the operations of schools, including intimidating or harassing learners, teachers, or parents.

The court further forbade the unlawful eviction of foreign nationals from their homes and the removal of traders from their stalls.

“Human dignity has no nationality,” Judge Adams declared.

More: CITE

Related:

Govt To Extend ZIMSEC Exam Fee Subsidy To Private Schools “Once Resources Allow” South African Schoolchildren Riot, Demand Foreign Nationals Leave Schools