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Researching Human Migration across Africa

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12 Aug

Xenophobic Vigilantism and the Struggle for Migrant Rights in South Africa

The International Court of Justice (ICJ) has urged South Africa’s high courts to uphold international law in protecting migrants and refugees from discrimination and xenophobic violence, as vigilante groups like Operation Dudula continue to escalate tensions (ICJ, 2025). The group, whose name translates to "force out" in Zulu, claims to combat crime, unemployment, and strained public services allegedly caused by undocumented migrants. However, its actions ranging from intimidation to physical blockades of healthcare facilities have been widely condemned as xenophobic and unlawful. This raises critical questions about the state’s obligation to safeguard constitutional rights amid rising anti-immigrant sentiment. 

 

Operation Dudula: Vigilantism or Systemic Scapegoating?

Operation Dudula frames its campaign as a grassroots response to socioeconomic grievances, but its methods reveal a pattern of targeting both documented and undocumented foreigners. In 2022, a controversy erupted when Limpopo Health MEC Phophi Ramathuba publicly chastised a Zimbabwean patient, accusing her of burdening South Africa’s healthcare system a remark that underscored the politicisation of migration in public discourse (Nomsa Maseko, 2022). More recently, in Johannesburg, the group’s attempted incursion into the Socio-Economic Rights Institute (SERI) offices devolved into violence, requiring police intervention (Jan Bornman, 2025). SERI’s director, Nomzamo Zondo, and housing activist group Abahlali baseMjondolo argue that Operation Dudula misdirects public frustration toward migrants instead of addressing systemic government failures in service delivery and employment (Lerato Mutsila, 2025). 

 

Healthcare Access Under Threat: Constitutional Rights vs. Vigilante Enforcement

South Africa’s Constitution (Section 27) guarantees healthcare access to all, irrespective of nationality or immigration status (Republic of South Africa, 2025). Yet, Operation Dudula has repeatedly obstructed this right, stationing members at clinics like Hillbrow Community Health Centre to deny entry to foreign nationals. Testimonies from asylum seekers, such as Jennifer from the DRC who endured hours of untreated dental pain due to the blockade highlight the human cost of these actions, she tells the Daily Mail “Since 5am, I have been here. I came to remove my teeth. When I arrived here, I was number four in the line. Look, I am still standing here, and it is 10am. I just want to go inside because my teeth are so painful” (Lerato Mutsila , 2025). The South African Human Rights Commission (SAHRC) has reiterated in a statement to IOL, they said “It is important to note that no civic group or individual has the legal authority to control access to public health facilities or to enforce immigration laws. The power to inspect, arrest, or detain undocumented persons lies solely with the Department of Home Affairs, supported by the South African Police Service (SAPS) when lawfully required" (Sinenhlanhla Masilela, 2025). Despite this, reports persist of migrants like Maphosa, a Zimbabwean postpartum mother, being turned away from clinics, even with infants (10-day-old baby) in critical need of care, she says in a statement “I am hoping that they will eventually grow some compassion for my baby and let me in. I also require medical attention because I was operated on when I gave birth to the baby, but I will be okay even if they only check my baby’s health” (Bheki C. Simelane , 2025). Legal experts stress that such exclusions violate both domestic and international law, including the Refugee Act, which mandates equal healthcare access for refugees.  James Chapman, Head of Advocacy and Legal Advisor at the Scalabrini Centre of Cape Town tells Health-E news in a statement “In certain parts of the country, primarily Gauteng, we have observed a troubling gap between what the law provides and how it is implemented on the ground” (Yoliswa Sobuwa, 2025).

 

Education as the Next Frontier: A Looming Crisis for Migrant Children

Operation Dudula is not only planning on denying document and undocumented migrants access to healthcare but also denying children public education. Recently in a statement Operation Dudula’s leader (Zandile Dabula) has announced plans to block undocumented children from public schools in December 2025, a move that directly contravenes Section 29(1)(a) of the Constitution and the Phakamisa judgment, which affirmed education as an unqualified right for all children. The group’s rhetoric declaring public schools "for South Africans only" mirrors earlier healthcare restrictions and risks institutionalizing discrimination, she said in a statement “They can rather take them to private schools, we don’t care, but public schools are going to be reserved for South African children only” (IOL, 2025). The Department of Basic Education’s 2020 circular, prompted by litigation, explicitly prohibits schools from excluding learners based on documentation (SAFLI, 2019). Yet, the threat of vigilante enforcement at school gates poses a new challenge for authorities already struggling to reconcile populist pressures with constitutional mandates. 

 

The ICJ’s intervention underscores the gravity of South Africa’s vigilante crisis, where “extra-legal” groups like Operation Dudula are effectively rewriting access to fundamental rights (ICJ, 2025). While socioeconomic frustrations are real, the scapegoating of migrants distracts from systemic governance failures corruption, austerity, and inefficiency that truly strain public resources. The Constitution and international law provide a clear framework: healthcare and education are universal rights, not privileges contingent on nationality (World Health Organisation, 2023). As the 2026 elections approach, the state must decisively curb xenophobic vigilantism through legal enforcement and public education, lest it normalize exclusionary policies that erode democratic foundations. The alternative allowing mob rule to dictate who receives care or schooling would mark a dangerous retreat from the principles of equality and dignity that post-apartheid South Africa was built to uphold. 

South Africa stands at a crossroads where the ideals of constitutional democracy are being tested by the rise of xenophobic vigilantism. Operation Dudula’s actions though cloaked in the language of grassroots activism have exposed a troubling erosion of legal norms and human rights, particularly for migrants and refugees. From healthcare blockades to threats against children's education, these acts not only violate domestic and international law but also betray the spirit of “ubuntu” that once defined the nation’s post-apartheid promise.

 

The ICJ’s call for judicial accountability is more than a legal directive it is a moral imperative. Upholding the rights of migrants is not merely about compliance, it is about affirming South Africa’s commitment to justice, equality, and human dignity (International Commission of Jurists - Africa, 2025). As the 2026 elections loom, political leaders must resist populist scapegoating and confront the deeper structural failures that fuel public discontent. Only by restoring faith in lawful governance and protecting the vulnerable can South Africa truly honour its constitutional legacy and chart a path toward inclusive progress.

 

Images by Tshwane Bulletin

 

References

Bheki C. Simelane . (2025, July 08 ). New mothers denied access to Gauteng health facilities by anti-migrant groups. Retrieved from Daily Maverick: https://www.dailymaverick.co.za/article/2025-07-08-anti-migrant-groups-deny-new-mothers-access-to-gauteng-clinics/

ICJ. (2025, July 08 ). South Africa: ICJ urges high court to apply international law protecting migrants and refugees from discrimination and xenophobia in case involving vigilante attacks. Retrieved from ICJ: https://www.icj.org/south-africa-icj-urges-high-court-to-apply-international-law-protecting-migrants-and-refugees-from-discrimination-and-xenophobia-in-case-involving-vigilante-attacks/

International Commission of Jurists - Africa. (2025, Aug 08). Retrieved from International Commission of Jurists - Africa: https://x.com/ICJ_Africa/status/1942566643626053765

IOL. (2025, Jul 31). Operation Dudula under fire for campaign to ban foreign children from public schools in 2026. Retrieved from African News Agency: https://africannewsagency.com/operation-dudula-under-fire-for-campaign-to-ban-foreign-children-from-public-schools-in-2026/

Jan Bornman. ( 2025 , July 17 ). Operation Dudula faces off against human rights organisations in “misguided” protest. Retrieved from GroundUp: https://groundup.org.za/article/human-rights-organisations-targeted-by-operation-dudula-in-misguided-protest/

Kudakwashe Vanyoro . (2022, August 30 ). Migrants in South Africa have access to healthcare: why it’s kicking up a storm. Retrieved from University of Witwatersrand: https://www.wits.ac.za/news/latest-news/opinion/2022/2022-08/migrants-in-south-africa-have-access-to-healthcare-why-its-kicking-up-a-storm.html

Lerato Mutsila . ( 2025, Jun 25 ). Tensions rise at Hillbrow Clinic as Operation Dudula attempts to deny migrants healthcare access. Retrieved from Daily Maverick: https://www.dailymaverick.co.za/article/2025-06-25-tensions-rise-at-hillbrow-clinic-as-operation-dudula-attempts-to-deny-migrants-healthcare-access/

Lerato Mutsila . (2025, Jul 17 ). Civil society groups stand firm with rights institute against Operation Dudula protest. Retrieved from Daily Maverick: https://www.dailymaverick.co.za/article/2025-07-17-civil-society-groups-stand-firm-with-rights-institute-against-operation-dudula-protest/

Nomsa Maseko. (2022, August 25 ). Phophi Ramathuba: South African official's hospital rant at Zimbabwean goes viral. Retrieved from BBC: https://www.bbc.com/news/world-africa-62677577

Republic of South Africa. (2025, Jul 05).Government on blocking of access to healthcare services. Retrieved from Republic of South Africa: https://www.gov.za/news/media-statements/government-blocking-access-healthcare-services-05-jul2025#:~:text=Section%2027(1)%20of%20the,individual's%20nationality%20or%20immigration%20status.

SAFLI. (2019, December 12). Centre for Child Law and Others v Minister of Basic Education and Others (2840/2017) [2019] ZAECGHC 126; [2020] 1 All SA 711 (ECG); 2020 (3) SA 141 (ECG) (12 December 2019). Retrieved from SAFLI: https://www.saflii.org/za/cases/ZAECGHC/2019/126.html

Sinenhlanhla Masilela. (2025, July 30). Healthcare access for undocumented migrants in South Africa: What you need to know. Retrieved from IOL: https://iol.co.za/news/south-africa/2025-07-02-healthcare-access-for-undocumented-migrants-in-south-africa-what-you-need-to-know/

World Health Organisation. (2023, December 1 ). Human rights. Retrieved from World Health Organisation: https://www.who.int/news-room/fact-sheets/detail/human-rights-and-health

Yoliswa Sobuwa. (2025, July 2). Pushback against foreign nationals using public health facilitiesPushback against foreign nationals using public health facilities. Retrieved from Health-E News: https://health-e.org.za/2025/07/02/pushback-against-foreign-nationals-using-public-health-facilities/

 

 

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