A groundbreaking legal case will test South Africa’s commitment to human rights and constitutional protections for migrants.
Lawyers for Human Rights (LHR), representing the UN Special Rapporteur on Human Rights Defenders, will intervene in a critical xenophobia case that challenges the constitutionality of Section 41 of the Immigration Act, which permits warrantless identity checks, a practice weaponised against migrant communities and activists.
The case, Kopanang Africa Against Xenophobia & Others v Operation Dudula & Others, highlights the systemic intimidation faced by human rights defenders advocating for migrants. LHR, acting as amicus curiae, will argue that South Africa has an international and constitutional duty to safeguard human rights defenders from retaliation and violence.
Attorney Charné Tracey from LHR’s Strategic Litigation Program stated: "Human rights defenders are essential in advancing justice and democracy, yet they face increasing threats when advocating for migrant rights. This case affirms that the state must protect them and prevent laws from being weaponised against their advocacy."
The criminalisation of migration has exacerbated xenophobic hostility, placing both migrants and their defenders in heightened danger. According to Nabeelah Mia, Head of LHR’s Penal Reform and Detention Monitoring Program: "South Africa’s international obligations demand a protective environment for migrants and human rights defenders. This case is a crucial step toward ensuring their safety and dignity."
Government accountability in xenophobia response
The applicants not only challenge Operation Dudula’s vigilante actions but also hold government institutions accountable for failing to curb xenophobic violence. Key respondents include the South African Police Service (SAPS), Department of Home Affairs, Minister of Police and Minister of Home Affairs.
The South African Human Rights Commission, SECTION27, and the International Commission of Jurists have joined the case as amici curiae.
Implications for South Africa’s human rights landscape
Set for hearing on 10 and 11 June 2025 in the South Gauteng High Court in Johannesburg, the case will determine whether South Africa upholds its constitutional obligations or continues to permit systemic harassment.
The outcome could redefine legal safeguards for human rights defenders and migrant rights advocacy, setting a precedent for accountability and anti-xenophobia protections. At its core, this case is about whether South Africa will enforce equality, dignity, and justice for all, regardless of nationality.
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