OPERATION DUDULA RESPONDS TO THE JOHANNESBURG HIGH COURT RULING

President of Operation Dudula Zandile Dabula photo by Dimakatso Modipa

By Operation Dudula

Operation Dudula notes the recent judgement handed down by Adams, J at the Johannesburg High Court.

While we recognise and respect the vital role of the judiciary in upholding South Africa’s constitutional democracy, we remain deeply concerned about the broader implications of the ruling; particularly its impact on compliance and respect for South African laws by foreigners.

Violation and non-compliance with the Immigration Act, Employment laws and
various Municipal by-laws by migrants is a concern as it undermines South Africa and threatens social cohesion.

Operation Dudula also notes that the ruling refers to “foreign nationals” whereas our mandate and programs have
always focused on illegal immigration and its negative impact on society.

Operation Dudula, as part of the
community has a civic duty to report and assist the state in dealing with illegal immigration and all forms of illegality.

We reiterate our position that illegal immigration poses a serious threat to our constitutional democracy and the rule of law.

Illegal migrants are also a burden on poor South Africans.

Provision of social services to illegal migrants, unaccounted for in our national budget, puts a strain on resources meant for poor South Africans. The strain on health care workers,
teachers and other civil servants who continue to serve an overstretched system impacted by illegal migration should also not be overlooked or downplayed.

Operation Dudula also draws attention to Section 42 of the Immigration Act (Act No. 13 of 2002), which explicitly
prohibits aiding and abetting illegal immigrants, including harbouring, employing, or concealing persons unlawfully present in the Republic.

This legal provision reinforces the shared responsibility of all persons within South Africa to uphold the rule of law.

Furthermore, Section 42 of the Criminal Procedure Act (Act No. 51 of 1977) empowers any citizen to perform a
citizen’s arrest when witnessing a person committing an offence, or when there is reasonable suspicion that such a person has committed a crime.

This constitutional safeguard underscores the principle that the duty to uphold the rule of law and order is not limited to the police alone but extends to all citizens committed to protecting the Republic.

Operation Dudula urges judges to exercise responsibility by not issuing judgements that encourage anarchy and
chaos, which potentially could put South Africa’s stability and National Security at risk.

Operation Dudula recognises and respect that the Immigration Act allows foreigners to visit or stay in South Africa in line with the applicable permits.

Equally, the preamble of the Immigration Act also states, amongst other things, that:

•The Department of Home Affairs must make sure that Immigration laws are efficiently and effectively enforced
by deploying administrative capacity to mitigate illegality related to immigration.

•Contribution of foreigners in the South African labour market must not adversely impact on existing labour standards and the rights and expectations of South African workers.

South Africa’s Constitution must therefore not be abused to serve agendas that protect the interests of illegal
immigrants and others who benefit from the chaos to the detriment of South African citizens.

We remind people in positions of authority to remember sacrifices made by many South Africans before us (some who lost their lives) so that all South Africans can live with dignity.

Poor enforcement of immigration laws is not only reckless, but is also tantamount to sacrificing the majority of voiceless South African citizens (our destitute grandmothers, parents, children, grandchildren, brothers and sisters), who are forced to share limited social services with illegal migrants, thus depriving them of basic human right services such as healthcare and education.

Operation Dudula has submitted over 100 Memorandums in the past 4 years to the Presidency, Department of Home
Affairs, Department of Labour and Employment, SAPS, Municipalities and other State Agencies, urging them to
enforce applicable laws.

In April 2022 we also wrote to the Public Protector, requesting intervention and investigation
on corruption within State agencies like Home Affairs, SAPS and Department of Labour.

In May 2022 Operation Dudula and other Civic Movements, alarmed at the levels of criminality associated with illegal immigration (such as human trafficking, illegal mining, drug trafficking, kidnappings, vehicle spikes, cross border vehicle thefts, etc.) also
submitted a letter to the President, recommending that the President declares a state of emergency on illegal
immigration.

Unfortunately, all these efforts were ignored. We again call on the State to do its job to arrest and deport all illegal foreigners to defend the interests of South African citizens which are under serious threat.

We believe that any judicial or administrative interpretation of immigration laws must be balanced with South Africa’s constitutional obligations to safeguard national sovereignty, the rule of law, preserve social stability, and ensure the
equitable distribution of limited resources to “We, the citizens of the Republic of South Africa.”

Laws must not be unjustly used to silence South African citizens when legitimate issues directly impacting their lives, are raised.

Operation Dudula remains firmly committed to the rule of law and to operating within the confines of South Africa’s constitutional and legal framework.

However, we will not shy away from holding the State accountable where
implementation of court rulings undermines the country’s ability to enforce immigration laws effectively.

As a country, we also need to address and clarify the meaning of “South Africa belongs to all who live in it”, which is being opportunistically used by apologists of illegal immigration and general illegality to the detriment of
South African citizens.

To this end, Operation Dudula calls for a national referendum (structured public consultation) to allow South Africans to express their views on how immigration laws should be applied and enforced, within the framework of the Constitution.

Such a process would reaffirm that the will of the people remains central to our democracy while ensuring that the
rule of law, social cohesion, and human dignity are upheld.

We call on all members and supporters to respect the ruling for now while our legal team pursues the appeal process.

We further urge all South Africans to remain vigilant, exercise their rights responsibly under the law, and continue to report suspicious or illegal activities to law enforcement authorities as empowered by the Constitution.

The judgement sets a dangerous precedent that may weaken law enforcement, erode the State’s capacity to manage illegal immigration responsibly and attacks the legitimate interests of South African citizens.

Accordingly, we have instructed our legal team to lodge an appeal on this judgment to protect the interests of South African citizens and the rule of law.

SOUTH AFRICA BELONGS TO SOUTH AFRICAN CITIZENS AND ILLEGAL IMMIGRATION IS A CRIME

In closing; we quote:

“A nation that cannot control its borders is not a Nation” ~ Ronald Reagan
“Slavery was Legal, Colonialism was and Apartheid was Legal. Legality is a matter of Power, NOT Justice” ~ Unknown

The Court order does not stop our intended operations at schools.

Accordingly, on Monday, 11 November 2025 our operation starts at some schools.