An attempt to have the way Operation Fiela/Reclaim is executed declared unlawful will have to go through the normal court processes.
This was the result yesterday when Lawyers for Human Rights (LHR) brought an urgent application in the North Gauteng High Court in Pretoria.
They were applying for an order declaring that some parts of the operation's application on the ground contravened the National Defence Act, the South African Police Service Act and the Immigration Act, as well people's constitutional right to privacy.
Judge Jan Hiemstra said he had no reason to believe that the alleged unlawful operations were likely to happen again and struck the application off the roll for lack of urgency.
He also ordered that LHR pay the costs of the other parties.
LHR brought the case against the Presidency, the department of home affairs, the department of defence and the South African Police Service.
The rights organisation's main argument revolved around the validity of a section in the Police Act used to cordon off specific areas for search and seizure operations without a warrant.
LHR counsel advocate Paul Kennedy said the police commissioner was using the section as "carte blanche" to remove migrants from the country.
The section is usually used in situations where public order must be restored or public safety ensured.
Advocate Mike Bofilatos, appearing for the government departments, said there was nothing to suggest the continuation of the section's use in future procedures of Operation Fiela/Reclaim, and thus LHR's argument for an urgent interdict fell flat. Hiemstra agreed.
"There is no evidence that this was a trend," said Hiemstra. "I have no reason to believe it will happen again."
Operation Fiela/Reclaim was launched in April after xenophobic violence swept through KwaZulu-Natal and Gauteng.
According to the government, it was meant to crack down on crime and criminals but it has been criticised for targeting foreigners.
Various raids took place across the country including in Hillbrow, Belville, Groblershoop in the Northern Cape and Korsten in Port Elizabeth.
Urgent Fiela court application struck off roll
An attempt to have the way Operation Fiela/Reclaim is executed declared unlawful will have to go through the normal court processes.
This was the result yesterday when Lawyers for Human Rights (LHR) brought an urgent application in the North Gauteng High Court in Pretoria.
They were applying for an order declaring that some parts of the operation's application on the ground contravened the National Defence Act, the South African Police Service Act and the Immigration Act, as well people's constitutional right to privacy.
Judge Jan Hiemstra said he had no reason to believe that the alleged unlawful operations were likely to happen again and struck the application off the roll for lack of urgency.
He also ordered that LHR pay the costs of the other parties.
LHR brought the case against the Presidency, the department of home affairs, the department of defence and the South African Police Service.
The rights organisation's main argument revolved around the validity of a section in the Police Act used to cordon off specific areas for search and seizure operations without a warrant.
LHR counsel advocate Paul Kennedy said the police commissioner was using the section as "carte blanche" to remove migrants from the country.
The section is usually used in situations where public order must be restored or public safety ensured.
Advocate Mike Bofilatos, appearing for the government departments, said there was nothing to suggest the continuation of the section's use in future procedures of Operation Fiela/Reclaim, and thus LHR's argument for an urgent interdict fell flat. Hiemstra agreed.
"There is no evidence that this was a trend," said Hiemstra. "I have no reason to believe it will happen again."
Operation Fiela/Reclaim was launched in April after xenophobic violence swept through KwaZulu-Natal and Gauteng.
According to the government, it was meant to crack down on crime and criminals but it has been criticised for targeting foreigners.
Various raids took place across the country including in Hillbrow, Belville, Groblershoop in the Northern Cape and Korsten in Port Elizabeth.
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