SAHRC reports Operation Dudula’s activities to Hawks! The South African Human Rights Commission (SAHRC) says it has alerted the National Commissioner of Police, Fannie Masemola, and the Hawks regarding Operation Dudula’s planned activities for 16 June.
On Friday, Operation Dudula took to their Facebook page, calling on the public to join their operation in Rosettenville, “as we will be reclaiming Rosettenville hijacked properties from illegal foreigners”.
“It has been discovered that one illegal Nigerian foreigner has hijacked over 100 properties, while an undisclosed number of white people have allegedly been murdered in the process,” it claimed.
Operation Dudula
“We are fighting for space with our siblings in small houses, yet foreigners are comfortable in hijacked properties. Those are our RDPs.”
The meeting point for the operation is Rosettenville at the Moffettview police station at 9am.
SAHRC: ‘We alerted police’
The SAHRC said on Sunday that it had taken note of the social media posts and alerted Masemola.
“We have already alerted the National Commissioner of Police and will keep these calls under close watch, reserving the right to pursue charges under the Cybercrimes Act 19 of 2020 should they amount to criminal incitement,” it said.
“While the Commission does not dismiss genuine grievances about crime or service delivery, we remind the public that freedom of expression does not extend to speech that incites hatred or violence.
“Citizens are encouraged to report any alleged criminal or unlawful activity to Saps and other competent authorities rather than taking the law into their own hands, and to consult the SAHRC Social Media Charter for guidance on responsible online conduct.
“Together with law-enforcement agencies and civil-society partners, the SAHRC will continue to safeguard the dignity, equality, and security of every person in South Africa.
“The Commission is encouraged by the confirmation by the Directorate for Priority Crime Investigation, Hawks, that it will urgently look into this matter.”
However, Operation Dudula says it is not a violent organisation.
“We just want to remind SAHRC that Operation Dudula is a peaceful organisation helping illegal foreigners go back to their countries and develop them. We are good Samaritans,” it said in response to the SAHRC.
Case against Operation Dudula
Last week, the High Court in Johannesburg heard arguments presented on behalf of Kopanang Africa Against Xenophobia (KAAX), the South African Informal Traders Forum (SAITF), the Inner City Federation (ICF), and Abahlali baseMjondolo, challenging the alleged xenophobic and racist speech and conduct of Operation Dudula.
Legal counsel Jason Brickhill, for the NGOs, accused Operation Dudula of harassing and intimidating foreigners by demanding to verify identity documents, forcing businesses to close, preventing informal traders from operating, evicting people from their homes without a court order, wearing uniforms that resemble those of the police or the military, denying people access to health care or education by removing students and teachers from schools based on of nationality.
The applicants also challenged the constitutional validity of Section 41 of the Immigration Act 13 of 2002, to the extent that its application is not confined to public spaces, authorising warrantless searches in private places that include the home and places of study, work, and/or business; and to the extent that it does not require an immigration officer or police officer to hold a reasonable suspicion that a person is unlawfully in South Africa before requesting such persons to identify themselves as a citizen, permanent resident, refugee, asylum seeker or undocumented migrant.
Judgment was reserved.
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