SA Human Rights Commission Loses Court Case Against Operation Dudula

SA Human Rights Commission Loses Court Case Against Operation Dudula

  • The South African Human Rights Commission experienced defeat when it took Operation Dudula to court
  • The SAHRC filed an application against Dudula and March and March and appeared before the Durban High Court
  • South Africans weighed in on the court application, and some supported Operation Dudula, while others were against its anti-migrant stance
  • Migration expert Dr Silindile Mlilo spoke to Briefly News about Operation Dudula's anti-migrant campaign

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Tebogo Mokwena, Briefly News’ Deputy Head of the Current Affairs desk, South Africa, covered a range of criminal activities, including cash-in-transit heists, kidnappings, taxi violence, police investigations, police shootouts, and court cases at Daily Sun for over three years.

the South African Human Rights Commission's application against Operation Dudula was struck off the roll
The SAHRC took Operation Dudula to court. Image: OJ Koloti/Gallo Images via Getty Images
Source: Getty Images

DURBAN, KWAZULU-NATAL — The Durban High Court in KwaZulu-Natal dismissed the South African Human Rights Commission's (SAHRC) application against Operation Dudula and March and March on 10 October 2025.

According to SABC News, the SAHRC took the two organisations to court to apply for an interdict to stop them from denying documented and undocumented foreign nationals access to public healthcare facilities. However, the judge struck the application off the roll.

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Why did SAHRC lose in court?

The judge, David Sachs, said that the SAHRC prepared the application in July but only served March and March and Operation Dudula the papers on 6 October 2025. Sachs accused the SAHRC of abusing the court processes and struck the case from the roll. The SAHRC argued in its application that its urgency was based on Dudula and Mach and March refusing children access to healthcare.

Operation Dudula and March and March respond

In response to the court application. Operation Dudula's president, Zandile Dabula, said that the Commission did not mediate with the organisation on its grievance about the burden of foreign nationals on the healthcare system.

Dabula said that the application showed that the SAHRC sided with the foreigners and not South Africans. She said Dudula will respond and oppose the affidavit. She reiterated that Dudula is enforcing the laws of the country.

Jacintha Ngobese-Zuma, the leader of March and March, welcomed the ruling. She said that the ruling shows that the SAHRC is not above the law. She said South Africans are not able to access healthcare.

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Operation Dudula appeared before the Durban High Court
Operation Dudula was in court. Image: OJ Koloti/Gallo Images via Getty Images
Source: Getty Images

SAHRC's case against Dudula and March and March

The SAHRC filed its court papers against Dudula and March and March, particularly Ngobese-Zuma, in early October this year. The SAHRC applied for the office of KwaZulu-Natal Provincial Commissioner General Nhlanhla Mkhwanazi, Addington Hospital, and the National Commissioner Fannie Masemola.

Operation Dudula also hit public schools as it continued its campaign against migrants. It visited a public school in Deipkloof, Soweto, on 22 September and delivered a memorandum. This is part of its campaign to prioritise South Africans over foreign nationals and remove foreign nationals from public schools.

Expert speaks to Briefly News

Briefly News spoke to migration expert Dr Silindile Mlilo, who slammed Operation Dudula and called them vigilantes.

"Credible reporting and scholarship consistently describe Operation Dudula as a vigilante group that self-appoints an enforcement role outside lawful authority, including efforts to police access to services," she said.

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"Such tactics erode the rule of law, invite copycat mobilisation, and polarise communities, and their actions are especially dangerous when aimed at schools and clinics intended to be neutral safe spaces. When unchecked vigilantism can precede wider violence and have dire consequences for those affected, including loss of life in the case of denied access to health care." 

South Africans weigh in on court case

South Africans commenting on Facebook shared a variety of opinions.

Channel Vhado Neta said:

"Theres no political party in SA that can win without saying Abahambe."

Grey Hoops said:

"My vote is going to Dudula or ActionSA. They are the only people who know the problems in the townships."

Leonardo Ribo Davids said:

"SAHRC will still win the case because of the merits. Our constitution needs drastic changes to prioritise law-abiding South Africans."

Ziziman Mdleleni said:

"SAHRC has been captured."

Thabo Motloutsi said:

"Operation Dudula must organise a march to the South African Human Rights Commission's building."

Operation Dudula slams SAHRC

In a similar article, Briefly News reported that Operation Dudula blasted the SAHRC for employing a foreign national in its senior ranks. Operation Dudula threatened to march to the SAHRC's offices in Parktown.

Dabula argued that the appointment of a foreign national as Head of Research proved that the commission was against South Africans. The SAHRC confirmed that it had employed a foreign national.

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Source: Briefly News

Authors:
Tebogo Mokwena avatar

Tebogo Mokwena (Current Affairs editor) Tebogo Mokwena is the Deputy Head of the Current Affairs desk and a current affairs writer at Briefly News. With a Diploma in Journalism from ALISON, he has a strong background in digital journalism, having completed training with the Google News Initiative. He began his career as a journalist at Daily Sun, where he worked for four years before becoming a sub-editor and journalist at Capricorn Post. He then joined Vutivi Business News in 2020 before moving to Briefly News in 2023.