“First, I received threat from Operation Dudula members when I intervened to seek police protection for a woman who [they were] assaulting."
This is a statement of one of 40 people who allegedly received death threats from members of Operation Dudula filed in the Johannesburg high court.
Multiple non-government organisations (NGOs) are taking Operation Dudula to court over threats to foreign nationals or anyone who supports them.
“With the assistance of the investigating officer, I identified one of the suspects who threatened me, whom I later came to understand was the chairperson of Operation Dudula at the time. While identifying him, the police asked me to find a witness in the case and to meet me at the police station.
"Detective Ditshego told me that the suspect had gone up to his flat and locked himself in and called his organisation members who had then chased the police away,” read the affidavit from one of the leaders of Kopanang Africa Against Xenophobia.
The Socio-economic Rights Institute (Seri) launched the application on Tuesday on behalf of the South African Informal Traders Forum (SAITF), the Inner City Federation (ICF) and Abahlali BaseMjondolo to "seek relief against Operation Dudula and certain of its office-bearers in respect of ongoing xenophobic and racist speech and conduct, and against the relevant organs of state for failing to discharge their duties in relation to Operation Dudula’s unlawful conduct".
"The applicants seek an order prohibiting Operation Dudula from various actions, including intimidating and harassing people, demanding to check identity documents, forcing businesses to close or preventing informal traders from operating, evicting people from their homes without a court order, wearing uniforms that resemble those of the police or army, denying people access to healthcare, and removing students and teachers from schools because of their nationality.
"Because of the threats and acts of violence by Operation Dudula members against members of the public, the applicants seek an initial special order protecting the identities of the approximately 40 individuals who have given personal affidavit evidence of Operation Dudula’s unlawful conduct. In the court papers, their names will not be disclosed to the public," said Seri in a statement yesterday.
Zandile Dabula and Dan Radebe of Operation Dudula and the organisation have been listed as respondents in the case.
The applicants are also seeking an order against relevant organs of state, including ministers of police, health, justice and correctional services and home affairs, "requiring government to implement fully its plan relating to racism and xenophobia..."
"...Interdicting the South African Police Service and the department of home affairs from colluding with Operation Dudula or conducting dragnet raids targeting whole communities at Operation Dudula’s instigation, and requiring the SAPS to investigate the crimes committed by Operation Dudula," Seri said.
“The organisation had been threatened with violence by members of Operation Dudula after it launched a case last year on behalf of informal traders who had been chased off the streets. There is a need to protect witnesses in the light of Dudula’s history of violence,” said Nomzamo Zondo, executive director at Seri.
Dabula, who is Operation Dudula national spokesperson, said the organisation would normally not respond to “attention-seeking fraudsters masquerading as NGOs".
“While official leases are signed by South Africans, despite the fact the lease agreement between the city and the lease holder prohibits subleasing, it is an open secret that operators of these stalls are illegal foreigners. Seri and Kopanang fight and challenge every attempt by the city to verify these operators. There is evidence that these illegal stall operators owe the city millions of rand.”
Dabula said the case is a desperate attempt to silence the organisation and the government from arresting “these criminals using stalls to peddle drugs and counterfeit goods".
mashalek@sowetan.co.za
NGOs seek court order against Operation Dudula
About 40 people received 'death threats' from movement
Image: Esa Alexander
“First, I received threat from Operation Dudula members when I intervened to seek police protection for a woman who [they were] assaulting."
This is a statement of one of 40 people who allegedly received death threats from members of Operation Dudula filed in the Johannesburg high court.
Multiple non-government organisations (NGOs) are taking Operation Dudula to court over threats to foreign nationals or anyone who supports them.
“With the assistance of the investigating officer, I identified one of the suspects who threatened me, whom I later came to understand was the chairperson of Operation Dudula at the time. While identifying him, the police asked me to find a witness in the case and to meet me at the police station.
"Detective Ditshego told me that the suspect had gone up to his flat and locked himself in and called his organisation members who had then chased the police away,” read the affidavit from one of the leaders of Kopanang Africa Against Xenophobia.
The Socio-economic Rights Institute (Seri) launched the application on Tuesday on behalf of the South African Informal Traders Forum (SAITF), the Inner City Federation (ICF) and Abahlali BaseMjondolo to "seek relief against Operation Dudula and certain of its office-bearers in respect of ongoing xenophobic and racist speech and conduct, and against the relevant organs of state for failing to discharge their duties in relation to Operation Dudula’s unlawful conduct".
"The applicants seek an order prohibiting Operation Dudula from various actions, including intimidating and harassing people, demanding to check identity documents, forcing businesses to close or preventing informal traders from operating, evicting people from their homes without a court order, wearing uniforms that resemble those of the police or army, denying people access to healthcare, and removing students and teachers from schools because of their nationality.
"Because of the threats and acts of violence by Operation Dudula members against members of the public, the applicants seek an initial special order protecting the identities of the approximately 40 individuals who have given personal affidavit evidence of Operation Dudula’s unlawful conduct. In the court papers, their names will not be disclosed to the public," said Seri in a statement yesterday.
Zandile Dabula and Dan Radebe of Operation Dudula and the organisation have been listed as respondents in the case.
The applicants are also seeking an order against relevant organs of state, including ministers of police, health, justice and correctional services and home affairs, "requiring government to implement fully its plan relating to racism and xenophobia..."
"...Interdicting the South African Police Service and the department of home affairs from colluding with Operation Dudula or conducting dragnet raids targeting whole communities at Operation Dudula’s instigation, and requiring the SAPS to investigate the crimes committed by Operation Dudula," Seri said.
“The organisation had been threatened with violence by members of Operation Dudula after it launched a case last year on behalf of informal traders who had been chased off the streets. There is a need to protect witnesses in the light of Dudula’s history of violence,” said Nomzamo Zondo, executive director at Seri.
Dabula, who is Operation Dudula national spokesperson, said the organisation would normally not respond to “attention-seeking fraudsters masquerading as NGOs".
“While official leases are signed by South Africans, despite the fact the lease agreement between the city and the lease holder prohibits subleasing, it is an open secret that operators of these stalls are illegal foreigners. Seri and Kopanang fight and challenge every attempt by the city to verify these operators. There is evidence that these illegal stall operators owe the city millions of rand.”
Dabula said the case is a desperate attempt to silence the organisation and the government from arresting “these criminals using stalls to peddle drugs and counterfeit goods".
mashalek@sowetan.co.za
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