KAAX HAS TAKEN OPERATION DUDULA TO COURT BUT DUDULA INSISTS COURT PAPERS WERE NOT SERVED PROPERLY

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By Peter Mothiba

Operation Dudula President Zandile Zee Dabula Operation Dudula President Zandile Zee Dabula

Kopanang Africa Against Xenophobia (KAAX) which is an organisation that advocates the rights of foreigners in South Africa, be they legal or illegal foreigners, has taken firebrand political party Operation Dudula to court regarding alleged acts of xenophobia perpetrated by Operation Dudula on foreigners.

The Minister of the Department of Home Affairs as well as the Minister of Police have also been taken to court by KAAX for failing to protect illegal and legal foreigners from harassment by Operation Dudula.

The case was heard on 10 and 11 June 2025 at the Johannesburg High Court and judgement has been reserved in this regard.

Tshwane Talks conducted an exclusive one-on-one interview with KAAX Media Organiser Mike Ndlovu regarding this case as well as policies and belief system of KAAX.

1. Operation Dudula say you guys and the NGOs that support you didn’t serve them with court papers properly and this made it impossible for them to be represented in court. They say you sent the said papers to the personal email address of some individual and not to the official email of Operation Dudula.

KAAX's Media Organiser Mike Ndlovu KAAX’s Media Organiser Mike Ndlovu

As KAAX, we followed proper legal procedures as guided and supervised by our legal team from the Socio-Economic Rights Institute (SERI). All parties in this matter, including Operation Dudula, were served on time according to court rules and judicial guidelines.

We refer you to a quote by Zandile Dabula which indicates that Operation Dudula and its recognised leader were aware of the litigation in May 2023-https://www.dailymaverick.co.za/article/2023-05-24-ngo-files-case-against-operation-dudula-on-behalf-of-30-people-for-groups-unlawful-and-violen:
Update: GroundUp reports that Zandile Dabula, Operation Dudula national spokesperson, responded as follows, “Under normal circumstances, Operation Dudula would not be responding to attention-seeking fraudsters masquerading as NGOs.

The case by Seri and Kopanang is a desperate attempt to silence Operation Dudula and government to arrest these criminals using [trading] stalls to peddle drugs and counterfeit goods.

Operation Dudula is at its final stages of collecting evidence to prove perjury and fraud committed by these two organisations. These two organisations will soon be exposed, their time is up.”
https://www.dailymaverick.co.za/article/2023-05-24-ngo-files-case-against-operation-dudula-on-behalf-of-30-people-for-groups-unlawful-and-violen

2. Is Kopanang Africa Against Xenophobia concerned about illegal foreigners who come into this country?

KAAX advocates for treating all human beings regardless of documentation status with dignity and respect. We subscribe to our constitutional values and work within the ambit of the law. We want to note that it is on record that the DHA legal representatives in court referred to Operation Dudula and its members as criminals. KAAX subscribes to values of pan-Africanism and we are a campaign built to ensure that no one is subjected to xenophobia, any forms of violence including GBV, or rights violations.

3. What is Kopanang Africa Against Xenophobia’s stance regarding the Zama-Zamas who are illegal immigrants who extract minerals illegally in South Africa?

We recognise that Zama-Zamas include both South African and foreign individuals, often driven by poverty and systemic failures. Illegal mining is a word coined by the Mining bosses and the state to criminalise poverty. Capitalists want to own the mines and are opposed to artisanal mining. KAAX believes enforcement must target criminal syndicates, not impoverished
individuals, and must proceed without xenophobic bias.

4. What is your take on the fact that illegal foreigners are involved in gangster wars in areas like Riverlea and constantly put the lives of local residents at risk by their random and indiscriminate acts of exchanging gun fire against one another in their battle for territorial control?

Sweeping and unsubstantiated statements contribute to spreading misinformation and are aimed at detracting from the real issue – which was the substance of the court case- that the SAPS must enforce the law through the application of policies in place. Anyone engaging in gangster-related violence is breaking the law and should be arrested and brought to book. This must include anyone, irrespective of race, class, nationality or gender. KAAX condemns all criminal violence. Scapegoating foreign nationals for gangsterism and crime without substantiating this with facts and evidence is unacceptable and detracts from broader social issues requiring systemic solutions. The state is failing to ensure that criminals committing crimes are convicted. So we should unite to hold the State to account.

5. What are you doing in order to help bring to book illegal foreigners who raped girls who were shooting a music video at the West Rand mines a few years ago?

Where is the evidence to prove that the women were raped by foreign nationals? Again, this question must be directed at the SAPS. And irrespective of who the perpetrators of this heinous crime are, they must be brought to book and sentenced to serve time in prison.

KAAX condemns gender-based violence unequivocally. We support bringing perpetrators to justice through legal channels. Our role is to advocate for survivors, ensure that the police investigate thoroughly, and prevent such crimes from being exploited to justify xenophobic targeting.

6. Does Kopanang Africa Against Xenophobia represent all foreigners irrespective of whether they are in South Africa legally or not?
We start with the opening lines of the Constitution of South Africa:” We the people of SA, Recognise the injustices of our past; honour those who suffered for justice and freedom in our lan; Respect those who have worked to build and develop our country and Believe that South Africa belongs to all who live in it, united in our diversity”.

KAAX stands for protecting human dignity and the rights of all people, regardless of their legal status. Being undocumented doesn’t strip someone of their human rights or their dignity as a human being. It does not justify abuse, discrimination, or violence against them. We don’t provide legal representation, but we advocate for a human rights-based approach to migration and oppose unlawful treatment of anyone internationally. Our work supports refugees, asylum seekers, informal traders, and migrant communities because everyone deserves safety, dignity, and respect, and the working class irrespective of race, class, creed, sexual orientation or nationality.

Operation Dudula’s President Zandile Zee Dabula was also given an opportunity to respond in this regard.

In response to the court case brought against Operation Dudula by KAAX, Operation Dudula President Zandile Zee Dabula said the following:

“Operation Dudula wasn’t represented in court because these NGOs used somebody’s private email address to serve us with court papers regarding this case instead of sending such information to Operation Dudula’s official email address.”

Dabula said members of Operation Dudula went to court physically and listened to the proceedings but were not legally represented there.

“Our leader Solomon Kruger Kekana tried to inform the court that Operation Dudula had not been properly served with court papers but his plea was ignored and the case proceeded without us being legally represented,” lamented Dabula.

“But once judgement has been passed in this matter we shall hand it to our attorneys,” she said.

Regarding the policies and belief system held by KAAX and the NGOs that support it, Dabula said the following:

“It is very unfair of KAAX and these NGOs to be representing law- breakers (illegal foreigners) because this means they are promoting crime and are saying it’s ok to come to South Africa illegally as they will be represented and protected by KAAX and the like.”

Dabula said it’s a shame that KAAX and the NGOs claim to be fighting for human rights while it’s abundantly clear to all and sundry that they are condoning acts of illegality.

“As Operation Dudula we will forever protect this country with blood and sweat just like our parents fought for the liberation of this country in the 1960s, 70s and 80s,” vowed Dabula.

She admitted that Operation Dudula does conduct citizen’s arrests against illegal foreigners but that they immediately hand such suspects to the SAPS.

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