The South African Federation of Trade Unions (SAFTU) warmly welcomes the landmark ruling of the Johannesburg High Court in Kopanang Africa Against Xenophobia & Others v Operation Dudula & Others (4 November 2025)
This historic judgment strikes a decisive blow against the rising tide of xenophobic hatred and vigilante violence that has terrorised working-class communities under the banner of “Operation Dudula”
Human Dignity Has No Nationality
Judge Adams affirmed a principle that SAFTU has long upheld: human dignity has no nationality. The Court made it clear that the Constitution protects everyone in South Africa citizens and migrants alike, and that no private group has the authority to police, interrogate, or assault people on the basis of their perceived foreignness
This ruling echoes SAFTU’s belief that discrimination based on origin, ethnicity or immigration status is an assault on the entire working class, sowing division where unity is needed most.
Operation Interdicted
The Court has interdicted Operation Dudula and its leaders from:
- Demanding demanding identity documents from any person;
- Harassing, assaulting or intimidating those they identify as “foreigners”;
- Making hate-speech statements
- interfering with access to schools, healthcare facilities and trading spaces; and
- Evicting or removing people from their homes and stalls
SAFTU hails this as a victory for social-justice movements, migrant organisations, informal-trader associations and shack-dwellers’ movements such as Abahlali baseMjondolo, all of whom stood firm against intimidation and violence.
The State’s Duty to Combat Xenophobia
Importantly, the judgment orders the Government to implement the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance, including establishing early-warning systems, rapid-response mechanisms and public reporting on xenophobic hate crimes
SAFTU calls on the Ministers of Justice, Police and Home Affairs to immediately fulfil these obligations. A plan adopted in 2019 cannot remain on paper while lives are lost in town ships and informal settlements.
Section 41 of the Immigration Act Clarified
The Court clarified that only immigration or police officers, and not vigilantes, may lawfully request identification, and only when they have a reasonable suspicion that a person is unlawfully in the country, and only in public places .
This interpretation affirms the constitutional right to privacy and the protection of minors from unlawful arrest or detention
A Victory for Working-Class Unity
Xenophobia is a weapon of division that benefits only the capitalist elite who profit from cheap labour, social desperation and fear. When workers turn against one another, the bosses and corrupt politicians breathe easier. This ruling therefore advances the cause of working-class solidarity across borders, consistent with the slogan:
“An injury to one is an injury to all, regardless of nationality.”
SAFTU’s Call to Action
SAFTU urges
• Government, to act decisively against hate-crime networks and ensure accountability for violence incited in Operation Dudula’s name.
- Law-enforcement agencies, to protect victims and refuse to collaborate, directly or indirectly, with any vigilante formation.
- Workers and communities, to unite in community defence committees against xenophobia, crime and corruption, and to build the broad front of solidarity envisioned the we the 99 Summit process.
For the Working Class, Not for Division
This ruling honours the spirit of Pan-Africanism and the sacrifices of workers across our continent who fought apartheid and colonialism together. SAFTU stands with Kopanang Africa Against Xenophobia, Abahlali baseMjondolo, the South African Informal Traders Forum and all allied organisations in celebrating this victory for justice, humanity and equality.
“ An injury to one is an injury to all, regardless of nationality.’’
A statement was issued on behalf of SAFTU General Secretary Zwelinzima Vavi.
For media inquiries, contact the National Spokesperson at:
Newton Masuku at:
Newton@saftu.org.za
0661682157
Media Officer
Asive Dyani
0719019564
