OPERATION Dudula will not oppose the application by NGOs to force the government to take action against the group but could seek to interdict the decision to extend the Zimbabwe exemption permits (ZEPs) until December.
The ZEPs were due to expire at the end of June but this week Home Affairs Minister Dr Aaron Motsoaledi, through a directive, extended them for a further six months to allow qualifying holders to apply for other visas and waivers in terms of the Immigration Act.
Operation Dudula faces legal action from the Kopanong Africa Against Xenophobia, the SA Informal Traders Forum, Inner City Federation as well as shack dwellers’ movement Abahlali baseMjondolo at the South Gauteng High Court.
The NGOs (non-governmental organisations) want the high court to force the government, Police Minister Bheki Cele, national police commissioner General Fannie Masemola, Motsoaledi, their justice and correctional services, basic education and health counterparts – Ronald Lamola, Angie Motshekga and Dr Joe Phaahla, respectively – Gauteng health and education MECs Nomantu Nkomo-Ralehoko and Matome Chiloane as well as the SA Human Rights Commission to stop the Operation Dudula in its tracks.
Operation Dudula and two of its leaders Zandile Dabula and Dan Radebe are also cited as respondents in the matter.
According to the NGOs, they want the high court to declare that only an immigration or police officer has the power to demand that another private person produce their passport or other identity documents to demonstrate their right to be in the country and that no private person has the power to do so unless expressly so authorised by law.
In addition, they want to interdict and restrain Operation Dudula, Dabula and Radebe from demanding that any private person produce their passport or other identity documents to demonstrate their right to be in South Africa.
The NGOs seek a declaration that Operation Dudula members who publicly wear clothing resembling the uniform of the SA National Defence Force (SANDF) without authorisation have contravened regulations of the Gatherings Act and the Defence Act.
Another order they seek is a declaration that the SA Police Service (SAPS) breached its constitutional duties to combat and investigate crime and to uphold and enforce the law by failing to reasonably investigate and/or charge Operation Dudula members who publicly, and in some instances in the presence of SAPS members, wear clothing resembling SANDF uniform.
However, Isaack Lesole, technical advisor to Operation Dudula’s national executive committee, denounced the legal action by the NGOs as muzzling South African citizens and preventing them from confronting their government.
Lesole said the organisation did not intend to oppose the application and that the applicants (NGOs) were merely grandstanding.
”They want to silence Operation Dudula from raising the issue of illegal immigrants,” he said.
Lesole added that the lawsuit was an attempt by visitors to stop Operation Dudula from insisting that the government enforces immigration laws.
In their court papers, the NGOs accuse Operation Dudula of making death threats, chasing police away during its operations, threatening violence, forcing foreign nationals to give birth at home using its armed and machete-wielding members and that these are targeted at fearful foreigners and their South African sympathisers.
But Lesole maintained that Operation Dudula does not encourage any of its members to act outside the boundaries of the law.
”They cannot use isolated incidents to silence citizens in their own country,” he insisted.
Lesole said they were considering approaching the high court to interdict Motsoaledi’s decision to extend ZEPs after discussions with their lawyers.
He described the move as wrong, nonsensical and irrational in light of the court case by various other NGOs to halt the cancellation of ZEPs, which was due on June 30.
Judgment on the case has been reserved since April.