Labour and employment minister Thulas Nxesi has weighed in on Operation Dudula, a movement that has gained prominence for its operations which involve raiding homes and informal markets in Gauteng in search of undocumented foreigners.

Nxesi said while South Africans are empowered by the constitution to protest, they are not empowered to take part in violent activities targeted at foreign nationals. 

The minister made the remarks during a media briefing on Monday about the draft national labour migration policy and proposed amendments to the Employment Services Act. 

The operation is led by Nhlanhla Lux Dlamini, who rose to prominence during the July unrest when he mobilised the community of Soweto against looting, and seeks to challenge small and big businesses from hiring undocumented foreign nationals at the expense of marginalised locals. 

Nxesi said the government cannot condone this behaviour, saying it is unacceptable.

He added that since Operation Dudula has now escalated into a safety and security issue, it has prompted the intervention of the justice and protection services (JPS) cluster.

Nxesi also addressed the issue of truck drivers who are foreign nationals. He said though it is true that truck driving is not a critical or scarce skill, locals need to be realistic in their calls for 0% foreign drivers and consider those who were hired years ago.

“What do we do with those people? We have contracts, we have rights. There are also people who are legal in this country and who are also refugees and, according to the international obligations, refugees have the right to be able to earn a living as long as it is done in a legal way.

“What we will not accept is the disruption of the economy when people have been given the platform to deal with the issues,” said Nxesi.

The minister said some organisations representing truck drivers have failed to register their members, which would enable them to negotiate with employers and companies on fair and equitable terms of employment regarding foreign nationals and locals. 

“We have gone out of our way to persuade the bargaining chamber to make certain concessions for them to be able to act with other organised unions who are in the bargaining chamber,” said Nxesi.

The minister said the basis of their refusal to register their membership is that they don’t identify as trade unions as they represent both employed and unemployed citizens.