Court bars Dudula from demanding IDs at schools, hospitals
The High Court in Johannesburg has interdicted the
organisation Operation Dudula from demanding IDs from private individuals at
health facilities.
The court ruled only immigration officials and police members may request identification.
The order also prohibits inciting others to commit these acts on social media or at public gatherings.
It has barred Operation Dudula's members from intimidating, harassing, or assaulting foreign nationals, making hate speech, interfering with access to healthcare, schools, or businesses, and unlawfully evicting or removing them from homes or trading stalls.
Last month in KwaZulu-Natal, the Human Rights Commission’s court bid to stop members of March and March and Operation Dudula from blocking foreign nationals at hospitals and clinics was dismissed by the Durban High Court.
The commission had sought an urgent interdict after receiving numerous complaints in July from asylum seekers and other foreign nationals who were allegedly denied access to healthcare facilities.
It argued that the groups’ actions were unlawful and violated basic human rights.
However, lawyers for the 15 respondents challenged the urgency of the application, pointing out that the commission delayed filing the case until late last month.
They said they were given just four days to respond, calling the move an abuse of court process.
Legal representatives for the health and police ministers also argued that interim relief could not be granted without a proper investigation into the claims.
The judge agreed there was no urgency and struck the matter from the roll, ordering the SAHRC to cover the legal costs.
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