The pressure group Operation Dudula is crying foul after failing to submit heads of argument in the Johannesburg High Court in a case that may see it grounded permanently. Operation Dudula Treasurer and self-proclaimed founder Solomon Kruger Kekana desperately tried to convince the court to postpone the matter, claiming not to have been aware that the case was being heard on Tuesday.
The case was brought by NGO, Kopanang Africa Against Xenophobia (KAAX) which accuses Operation Dudula of harassing and abusing immigrants. Also a respondent in the matter is the government which KAAX claims has neglected its duty to enforce the law creating space for vigilantism.
“The applicants are not just targeting the specific acts of Operation Dudula but all the rhetoric and vigilante activities that have been taken up by a variety of groups calling themselves various names but which fall under the OD umbrella. Further, the case is also challenging the state’s failure to act against the contempt for the law and the systematic violation of human rights carried out by OD and its various manifestations,” said KAAX in a statement ahead of the proceedings set down for Tuesday and Wednesday.
KAAX Chairperson Dale Mckinley said the organisation was seeking a declaratory order that could be used not only against Operation Dudula but also against any other formations that he said what he argued was anti-migrant rhetoric.
“The applicants are not just targeting the specific acts of Operation Dudula but all the rhetoric and vigilante activities that have been taken up by a variety of groups calling themselves various names but which fall under the OD umbrella. Further, the case is also challenging the state’s failure to act against the contempt for the law and the systematic violation of human rights carried out by OD and its various manifestations,” said Mckinley.
“We wanted the case to be postponed because we never filed any papers and only got to know yesterday (Monday) that it was going to seat today. they’re just using technicalities to shut us down. you can see where this thing is going, all these NGOs are well funded and are for the foreigners, even the human rights commission is working with them and never does anything for South Africans,” said a frustrated Kekana.
The South African Human Rights Commission is among a cocktail of organisations that have joined Kopano’s case and it specifically wants Section 41 of the Immigration Act to be declared unlawful as it allows law enforcement agencies ( mainly the Department of Home Affairs) to detain and deport unaccompanied minors.
“So the human rights commission’s interest in the matter relies on applicability of section 41 of the immigration act and its implications to children we as the commission are of the view that in terms of the children’s act that should be the guiding framework when dealing with children as it pertains especially unaccompanied minors as it pertains to questions of whether or not they are legally in the country. so section 41 is just so broad that it creates the risk that children can just be arrested based on that particular section,” said Advocate Afika Nqeto of the South African Human Rights Commission.