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Operation Dudula submits memorandum to SAHRC over 'deprioritisation of migrant rights'
Operation Dudula submits memorandum to SAHRC over 'deprioritisation of migrant rights'

Eyewitness News

time5 days ago

  • Politics
  • Eyewitness News

Operation Dudula submits memorandum to SAHRC over 'deprioritisation of migrant rights'

JOHANNESBURG - Operation Dudula submitted a memorandum to the South African Human Rights Commission (SAHRC) on Thursday afternoon, calling for what they've termed the de-prioritisation of migrant rights. The group has taken to the streets on Thursday, and attempted to submit their memorandum at the Socio-Economic Rights Institute (SERI) in Braamfontein earlier but were unsuccessful. The group's plans were quickly interrupted when they were met with a counter-protest by housing rights group, Abahlali Basemjondolo. Operation Dudula called for the immediate deportation of undocumented foreigners. This comes after weeks of protesting by the group denying healthcare access to foreign nationals. Operation Dudula president, Zandile Dabula, addressed the crowd, saying: "This is a clear demonstration that the police are on the side of foreigners. I hope South Africans can see today that these are foreigners, they should be calling immigration services and arrest them." The police remained in Braamfontein while others accompanied Operation Dudula to Parktown.

Operation Dudula wanting to know why organisations prioritise foreign nationals
Operation Dudula wanting to know why organisations prioritise foreign nationals

The Citizen

time5 days ago

  • Politics
  • The Citizen

Operation Dudula wanting to know why organisations prioritise foreign nationals

Operation Dudula have questioned the intentions of non-profit organisations and civil rights groups defending illegal migrants. Operation Dudula are taking their illegal migration fight to the steps of organisations they deem to be sympathetic to foreign nationals. The pro-South African movement marched through Johannesburg and Durban on Thursday to deliver memoranda to two organisations. Operation Dudula consider the South African Human Rights Commission (SAHRC) and Socio-Economic Rights Institute of South Africa (Seri) to be the leading protectors of illegal foreign migrants. Alleged foreign preference A wall of police officers was required to separate Operation Dudula protestors and counter-protesters in Johannesburg on Thursday. Operation Dudula were on their way to Seri's offices, whom they accuse of using litigation to defend the interests of foreign nationals in contravention of South African law. Operation Dudula spokesperson Zandile Dabula stated that the marches are aimed at asking why these organisations prioritise foreign nationals over South Africans. Dabula stated that the organisation wanted Seri and SAHRC not to side with foreign nationals blindly, but to treat South African complaints with legitimacy. 'They should also go out to communities to find out what the real issues are. They are not really looking into matters that are affecting citizens of this country,' Dabula told The Citizen. 'We do know they are being funded by non-South Africans, but their role is to advocate for South Africans,' she added. Seri's funders include, among others, Open Society Foundations, Global Affairs Canada, Norweigan People's Aid and San-Francisco-based Cameron Schrier Foundation. 'Dudula a threat' The SAHRC told The Citizen that they would study Operation Dudula's memorandum before commenting, and Seri representatives referred questions to their head of litigation, who had not responded by the time of publication. Equal rights groups that receive legal support from Seri released a joint statement in solidarity with their fight against discrimination. 'Xenophobia is not only driven by fear and prejudice, it is a direct assault on human dignity and the universal rights enshrined in our Constitution,' stated Kopanang Africa Against Xenophobia spokesperson Mike Ndlovu. He described Operation Dudula's actions as 'intimidation', stating that they will remain resolute in defence of human rights. 'Operation Dudula is a threat, not only to migrants, but to all who believe in freedom, equality, and constitutionalism.' 'Its actions rely on and reinforce a system of violence, exclusion, and scapegoating reminiscent of apartheid,' conclude Ndlovu. 'Not xenophobic' Dabula reiterated that these organisations were not responding to complaints about foreign nationals victimising South Africans. 'Do they even have the country's best interests at heart, or do they just want to see this country go down the drain?' she asked. Dabula also wanted organisations to stop labelling Operation Dudula xenophobic and inhumane, stressing that they did not target individuals or nationalities. 'We are just against the illegality and how they conduct themselves when they come here because our buildings have been taken over and our children are dying,' she said. 'We are not against our brothers and sisters, but we have a problem with illegality and criminality. We just want what is best for South Africans, and we will not stop,' Dabula concluded. NOW READ: NGOs say foreigners in SA told to return to their countries when opening cases against Operation Dudula

Operation Dudula's campaign against immigrants raises healthcare access concerns
Operation Dudula's campaign against immigrants raises healthcare access concerns

IOL News

time03-07-2025

  • Health
  • IOL News

Operation Dudula's campaign against immigrants raises healthcare access concerns

In a controversial move that has sparked outrage and concern, the Operation Dudula Movement, led by Zandile Dabula, is intensifying its campaign against undocumented foreign nationals across South Africa. Image: Henk Kruger / Independent Newspapers With scores of undocumented foreign nationals currently being turned away at Addington Hospital in Durban and other health facilities in parts of the country this week, the leader of the Operation Dudula Movement, Zandile Dabula, has vowed to continue the movement's anti-foreigner healthcare campaign across the country. Eric Jean Butoki, who represents the Southern Africa Refugee Organisations Forum (SAROF), slammed the countrywide campaign, saying it is putting the lives of refugees, asylum seekers, and foreign nationals at risk. This comes as more than 50 patients, believed to be undocumented foreign nationals, have allegedly been turned away at Durban's biggest hospital since the start of the campaign outside Addington Hospital on Tuesday. "We are concerned about this operation, which has prevented foreign nationals, including asylum seekers and genuine refugees, from accessing medical help. Some of these people are on chronic medication and have made appointments to be treated on the scheduled dates. For us, we are disappointed by this Operation Dudula-sponsored campaign. As a result, Butoki has called on the government to establish permanent refugee camps to help resolve the matter. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading In various videos circulated on social media over the past week, scores of immigrants seeking medical attention have been turned away, resulting in the South African Human Rights Commission issuing a statement stating that the South African Constitution allows foreigners, including asylum seekers and refugees, the same rights to healthcare as South African citizens. "The South African Human Rights Commission (SAHRC) reminds the public and all relevant stakeholders that the right to access to healthcare services in South Africa is a universal right afforded to anyone within the Republic of South Africa," the commission said. Citing Section 27 (1) of the SA Constitution 1996, the commission indicated that South Africa has a provision to give healthcare access to South African citizens, refugees and asylum seekers, documented and undocumented foreign nationals, including stateless persons. "The Constitution does not qualify or limit this right based on immigration status or citizenship. Furthermore, under Section 27(3), no one may be refused emergency medical treatment. This provision ensures that emergency healthcare must be provided unconditionally by both the public and the private healthcare facilities," it said. Responding to this statement, Dabula said: "We will not be bullied by the likes of the SAHRC, because firstly, they are advocating for people who are in this country illegally. When you come to this country, you must be properly documented, and if you are documented, then you need to have certain permits. For those who are here to work, they must have a work permit, and those permits must come together with medical insurance, but they do not do that. Even Section 17 of the Constitution says that." As a result, Dabula said South Africa cannot be expected to shoulder immigrants who do not have respect for the country's laws, which is why the ongoing campaign will be intensified. "We have always said life comes first, and we will not turn away someone we can see that they require emergency medical care and might lose their lives in the process. However, what needs to happen is that they need to be arrested for being here in this country, illegally, then they can access treatment," she added. ActionSA has also weighed in on the ongoing campaign, saying the SAHRC statement is promoting the abuse of South Africa's resources through the misapplication of Section 27 of the Constitution, which is why the party has recently called for the amendment of the Constitution. Reacting to the stand-off between Operation Dudula and the SAHRC, Dr Shadi Ganoe from the Wits School of Law, indicated that while students and other migrants are required to provide their medical care insurance, the Constitution insists that no one should be refused healthcare based on their citizenship. "For example, in terms of the Immigration Amendment Act 19 of 2004, any prospective international student must have medical cover with a medical scheme registered under the Medical Schemes Act 131 of 1998. This ensures that foreign students do not rely on public health services and can access private care. "This requirement is part of the visa process and is strictly enforced. This makes foreign students and other documented long-term visa holders easy to track and regulate health care costs. They are expected to carry the burden of their own medical needs, unlike undocumented persons or asylum seekers, who may have no formal coverage at all. Still, South Africa's Constitution remains firm: Section 27(3) says, 'No one may be refused emergency medical treatment.' This applies to everyone, citizen or not, documented or not," she said.

Home Affairs and police deny collusion with Operation Dudula as court battle continues
Home Affairs and police deny collusion with Operation Dudula as court battle continues

Daily Maverick

time11-06-2025

  • Politics
  • Daily Maverick

Home Affairs and police deny collusion with Operation Dudula as court battle continues

Accusations of 'state-enabled xenophobia' flew in the Gauteng Division of the High Court on Wednesday as SAPS members and Home Affairs officials denied colluding with the anti-migrant group Operation Dudula. Kopanang Africa Against Xenophobia (KAAX), the Department of Home Affairs (DHA) and the South African Police Service (SAPS) returned to the Gauteng Division of the High Court in Johannesburg on Wednesday for the second day of the legal challenge by KAAX and several other rights organisations against the anti-migrant organisation Operation Dudula. As on the previous day, the gallery was packed with members of civil society organisations that supported the application. The only difference on Wednesday was the significant number of Operation Dudula members, who sat side by side in the gallery with the migrants they oppose. Operation Dudula's president, Zandile Dabula, was also present in the courtroom as the legal representatives for the DHA and SAPS presented their heads of argument in opposition to the applicants' legal challenge. On Tuesday, Daily Maverick reported that KAAX, the South African Informal Traders Forum, the Inner City Federation and Abahlali baseMjondolo filed the legal challenge in 2023 to ask the court to prevent Operation Dudula from assaulting, harassing or intimidating migrants and to stop Operation Dudula from impeding access to healthcare services and schools for the children of international migrants. The DHA and SAPS were added as respondents to the application for allegedly failing to protect vulnerable communities from Operation Dudula's xenophobic conduct and for allegedly colluding with or supporting the group's activities. State-enabled xenophobia One of the arguments that advocate Jason Brickhill, representing the applicants, made on Tuesday was that the SAPS and the DHA colluded with Operation Dudula. 'There is clear evidence that SAPS officials have, at times, acted in concert with Operation Dudula, entering buildings and detaining individuals identified as foreign nationals, including children, without any lawful basis. That sort of collusion undermines constitutional protections and amounts to state-enabled xenophobia,' said Brickhill. Advocate William Mokhare SC, representing Home Affairs, countered by saying, 'To suggest that meeting with Dudula translates to collusion is an absurd proposition. Collusion is a very strong word; it has very strong connotations, it's a serious allegation that cannot be lightly made, it must be made when one has got evidence.' Mokhare said the applicants' bid to interdict the minister of home affairs from colluding with Operation Dudula was inappropriate, and there were other remedies available. He defended section 41 of the Immigration Act, which the applicants sought to have declared constitutionally invalid because it allows for warrantless searches without reasonable suspicion. He argued that the legislation does not authorise warrantless raids or searches of homes but simply allows immigration officers or the police to request the identification of any person, not just immigrants. The SAPS legal team also denied all the allegations made by the applicants. Addressing the applicants' complaint that the SAPS had breached its constitutional duties, advocate W Isaaks maintained that the SAPS had acted within its constitutional and legislative obligations. He denied that the SAPS failed to investigate complaints of criminal conduct by Operation Dudula members against migrants, claiming the police responded to and investigated incidents when complaints were made. Isaaks dealt with some of the examples the applicants cited on Tuesday, including that officers at the Norwood Police Station refused to investigate and pursue charges against Operation Dudula members who threatened and assaulted traders in Orange Grove in 2022 and looted their businesses. He said the police had opened a case of intimidation and malicious damage in that instance, and provided a case number (251/03/2022). He turned to the killing of Elvis Nyathi, who was beaten to death by a mob in an incident that was allegedly incited by Operation Dudula in April 2022, and for which the applicants argued that no members of the anti-migrant group were arrested. Isaaks argued that SAPS investigation into the murder led to arrests, though the case was later struck from the roll due to witness non-cooperation, which falls under the National Prosecuting Authority's purview. He denied that the police colluded with Operation Dudula, saying that joint operations with the DHA were lawful and necessary for identification and verification purposes, and were not conducted at the instigation of Operation Dudula. Judgment was reserved. 'No one will stop us' After the proceedings concluded, members of Operation Dudula gathered outside the court, singing, dancing and bandying about the word ' Makwerekwere ' (a derogatory term for African foreign nationals). At the centre of the camouflage-clad crowd was the organisation's president, Dabula. She told Daily Maverick Operation Dudula only learnt on social media that the proceedings were happening. (The group was in fact emailed the founding affidavit in 2023.) Responding to allegations that members of the SAPS accompanied them on raids and that foreign nationals had been arrested outside the scope of the law, Dabula said, 'They're talking about things that they don't have proof of. For instance, they're talking about SAPS accompanying us on our operations. There's nothing like that.' She insisted that law enforcement members were present only to verify documents and that any document checks followed legal procedures. 'Every time we ask you to produce your document, you'll see or hear us saying, 'Go, the SAPS will verify your document. Because we know we can't physically even look at their documents … it's within their rights, but also there's a citizen's arrest that we can apply as citizens of this country.' She said Operation Dudula was the 'mouthpiece of South Africans' and the nation was facing an 'immigration crisis'. 'People are … seeing us as the only hope that talks about this foreign issue, and we don't mince our words. When we're saying that we want them to leave, we mean just that,' she said. KAAX's Dale McKinley said Operation Dudula did not speak on behalf of the South African public. 'There is a very small vocal minority, which is amplified on social media to make it appear as if large populations of South Africa are xenophobic. This is the point that we were making about Operation Dudula; they contested the elections as a political party, and they got fewer votes than we have members,' said McKinley. DM

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