Why SAHRC flagged Operation Dudula to Hawks over June 16 plans

Members of the Operation Dudula Movement led yet another operation of shutting down spaza shops owned by illegal foreigners in Diepkloof. The operation uncovered expired food items which included cookies, snacks, colddrinks, painkillers and sanitary pads.
The South African Human Rights Commission (SAHRC) has raised the alarm over Operation Dudula's latest planned activities in Rosettenville, Johannesburg, and has reported the group to the National Police Commissioner, General Fannie Masemola, and the Hawks.
This follows social media posts by Operation Dudula, in which the group called on members of the public to join them on 16 June to 'reclaim hijacked properties from illegal foreigners.' The post, shared on the group's Facebook page, claims that a Nigerian national has taken control of over 100 properties and alleges, without evidence, that several white South Africans have been murdered in the process.
The planned gathering is expected to start at 9 am at the Moffettview police station. It forms part of the group's ongoing efforts to mobilise communities around their anti-immigration agenda — a campaign critics say fuels xenophobia and undermines the rule of law.
In response, the SAHRC said on Sunday that it had taken note of the concerning language and potential for incitement. 'We have already alerted the National Commissioner of Police and will keep these calls under close watch,' the Commission stated.
'We reserve the right to pursue charges under the Cybercrimes Act 19 of 2020 should the content amount to criminal incitement.'While acknowledging that communities often face real concerns about crime and service delivery, the Commission urged citizens not to take the law into their own hands.
'Freedom of expression does not extend to speech that incites hatred or violence,' it added. The Commission encouraged South Africans to report criminal activity to SAPS or relevant authorities and to consult its Social Media Charter for responsible online engagement.
'Together with law enforcement and civil society, the SAHRC will continue to safeguard the dignity, equality and security of every person in South Africa.'In response to the SAHRC, Operation Dudula denied being a violent organisation. 'We are peaceful,' the group said in a statement. 'We just want to help illegal foreigners return to their home countries. We are good Samaritans.'
However, Operation Dudula's activities are under increasing legal scrutiny. Last week, the High Court in Johannesburg heard arguments from civil society groups including Kopanang Africa Against Xenophobia (KAAX), the South African Informal Traders Forum (SAITF), Inner City Federation (ICF), and Abahlali baseMjondolo.
The applicants argue that the group's actions constitute xenophobic harassment, intimidation, and unlawful evictions.
According to legal counsel Jason Brickhill, Operation Dudula has been forcibly shutting down informal businesses, demanding identity documents, and even removing learners and teachers from schools based on nationality.
The applicants also challenged Section 41 of the Immigration Act, arguing that its current form allows warrantless searches beyond public spaces and does not require reasonable suspicion before demanding immigration status.
As tensions rise ahead of 16 June, the SAHRC and the Hawks have pledged to monitor the situation closely.
The case against Operation Dudula highlights broader concerns around rising anti-immigrant sentiment and the erosion of constitutional protections for vulnerable communities in South Africa.

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IOL News

an hour ago

• IOL News

How international pressure fast-tracked policy changes that prioritise foreign profits over local ownership

President Cyril Ramaphosa suggests Starlink as a solution, which raises questions about the underlying motives, says the writer. Image: Jonathan Raa/NurPhoto/AFP On May 21, we witnessed an embarrassing scene of the presidential delegation in the Oval Office. Patrick Gaspard, a former American ambassador in South Africa under the Barack Obama administration, explained that Trump had turned the meeting with Ramaphosa into a "shameful spectacle" and "savaged him with some phoney snuff film and brutal rhetoric" (Gaspard, 2025). This was purportedly done to remedy the very high already present tensions between the US and South Africa that have escalated since the Trump administration took office. Interestingly, just 48 hours later, Communications Minister Solly Malatsi gazetted a new direction of policy to ICASA, permitting Starlink and other foreign investors to "harmonise" current ICT sector requirements (Department of Communications & Digital Technologies, 2025). The regulations previously demanded that at least 30% of shares be held by historically disadvantaged individuals. Current ICT Sector Rules Due to the expansive and strategic nature of the telecoms sector – controlling how South Africans communicate, access information, and participate in the digital economy – the previous requirement for foreign telecommunications licensees to sell 30% of their local subsidiaries to historically disadvantaged groups ensured that black South Africans didn't just use these services, but owned and profited from the infrastructure serving their communities (Broad-Based Black Economic Empowerment Act, 2003). ICASA's Role ICASA is the regulator of South Africa's telecommunications sector, essentially the gatekeeper that licenses all companies wanting to provide internet, phone, or TV services (Independent Communications Authority of South Africa Act, 2000). Because they enforce the ownership requirements, they're the ones who need to ease these regulations to make room for Starlink and other prospective foreign investors. As the Department of Communications & Digital Technologies noted, this wouldn't just benefit one company but would apply to all ICT companies, including those from China and the Middle East (Department of Communications & Digital Technologies, 2025). Equity Equivalent and Ownership 'Workaround' The 'sidestep' or 'harmonising' commonly referred to speaks to Equity Equivalent programmes – this is when companies are permitted to avoid giving up ownership but instead can contribute through community projects worth the same value as what that 30% ownership would have been. This usually takes the form of skills and training development, job creation, and supporting black-owned suppliers (Department of Trade, Industry and Competition, 2019). In 2019, the South African government piloted this approach through the automotive industry, where BMW, Ford, and Toyota did not have to give up ownership but instead committed to ploughing back through skills development and funding for black-owned suppliers (Automotive Industry Development Centre, 2019). Essentially, companies keep their investments, shareholding, and decision-making power, but offer communities the equivalent value of what they would have given up in ownership. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Aphelele Mtwecu, a proud member of the Activate Change Drivers Network and a2016 Activator. She is a content writer, activist Image: Supplied Contentions of Timelines and Due Processes So, how exactly does a presidential delegation meeting occur on Wednesday and have a new policy gazetted by Friday? The credibility of how this gazette played out is questionable. According to reports, the delegation included three other officials who were familiar with what Starlink would bring to the South African economy, granted this wasn't a spontaneous engagement. However, here is the problem: South Africa, with all its flaws, values and upholds consultative processes. A major economic policy shift such as this one would normally require public hearings or parliamentary reviews to protect the Republic from exactly these kinds of overnight decisions (Promotion of Administrative Justice Act, 2000). In this matter of harmonising BEE laws, regardless of existing contentions, this is an important historical policy that would impact our state of affairs deeply. It is further alarming how these kinds of events occur under the supposed sensitivity of the GNU government, where consensus-building across coalition parties should be central to major decisions. Unless it is the citizens who are blindfolded, and we simply do not know there was a prior agreement between parties to fast-track this change. Pseudo Altruism According to Statistics South Africa's latest general household survey, only 1.7% of rural households had an Internet connection at home in 2023 (Statistics South Africa, 2024). This devastating statistic has become the most compelling reason for the urgency of Starlink's operations in South Africa. As we understand it, Starlink has been piloted in some South African rural communities and has indeed yielded positive results for farmers as well as the education sector. The need is undeniable – rural communities lack the same coverage and access compared to urban areas. This digital divide is real and valid. Currently, technology optimisation is everything, especially in education, and for children to have access to connectivity is critical. But here's my question: out of all telecommunications services globally, can we prove that Starlink is the crème de la crème of satellite coverage? Have other avenues been exhausted before we convinced ourselves we had no choice? And if Starlink had indeed piloted programs in rural areas and seen the benefits, why wouldn't they yield further to South Africa's legislative and broader economic equity by accepting a BEE partner under ICT BEE laws? If rural connectivity was so important to them, why was this condition such a deal breaker? In these cases, material interests and profit margins trump everything else. And that makes me question their philanthropic intent "to save rural communities" entirely. Digital Inclusion* (*Economic Participation Sold Separately) The Department of Communications highlighted a significant issue, emphasising that the policy is not just about Starlink but is intended to address the growing digital divide. However, I do not agree with the methodology. We must ensure that our approach to digital inclusion does not compromise future sustainability. We have identified the need, but here's the broader question: how can you give a society tablets when they cannot even harvest food to sustain themselves and their families? How is this different from any other interventions that have squandered the hopes of our people, only to leave them hanging with false hope and shattered dreams? What's the point of digital inclusion without economic participation? We're essentially saying to rural youth: 'Here's access to the internet, but the profits from connecting you will flow to foreign shareholders.' This is the bread vs. bandwidth dilemma – we're trading long-term ownership for short-term access, creating dependency rather than empowerment. Communications Minister Solly Malatsi gazetted a new direction of policy to ICASA, permitting Starlink and other foreign investors to "harmonise" current ICT sector requirements (Department of Communications & Digital Technologies, 2025). Image: X / IOLGraphics Racial Capitalism in Real Time We are not oblivious to the sequence of events unfolding in the terrain we find ourselves in. The actions of certain global leaders have influenced policies that affect digital inclusion and economic participation. After our ambassador was dismissed, claims emerged about land confiscation in South Africa, which were used to support allegations of land grabs and genocide. He curtain-calls this performance to the globe, summons 'Cupcake' to the Oval Office, and at the brink of our president making pleas for him to stop, the Trump-Musk axis asks: 'What will you give us in return?' Our president suggests Starlink as a solution, which raises questions about the underlying motives. But these dynamics of power and racial manipulation speak deeply to what Cedric Robinson identified as racial capitalism, where racism isn't incidental to capitalism, but fundamental to its operation (Robinson, 2000). As Robin D.G. Kelley reflects on Robinson's work, this system not only exploits black labour but also uses black societies as laboratories for testing how far capital can push without resistance (Kelley, 2017). Du Bois saw this clearly: the colour line isn't just about prejudice, it's about who gets to own, who gets to profit, and who gets relegated to being grateful for scraps (Du Bois, 1903). We need to critically examine these issues, as seen in 2019 when BMW, Ford, and Toyota used 'equity equivalent' programs to avoid ownership responsibilities. But where's the evidence that this worked? Are there measurably more black-owned automotive companies today? Now they want us to accept the same promise in telecoms, dressed up as digital inclusion.

IOL News

2 hours ago

• IOL News

Addressing the crisis: whistle-blower murders and the need for legal reform

While 'hitmen' involved in the killing of whistle-blowers may occasionally face charges, the architects of these crimes evade accountability, said Dr Nora Saneka. Image: File WHILE whistle-blowers are at the frontline in the war against corruption, organisations and activists do not believe enough is being done to protect them and to bring the "masterminds" behind some of their murders to book. The killings of many whistle-blowers, including Babita Deokaran, Pamela Mabini, Cloete Murray and his son, Thomas, over the last few years has sparked an outcry for the government and law enforcement agencies to be more proactive. This includes tabling of the Whistleblower Protection Bill and implementing recommendations made during the Commission of Inquiry into State Capture (Zondo Commission). Dr Nora Saneka, chairperson of the Active Citizens Movement (ACM), said despite many promises, concrete action remained absent. 'In President Ramaphosa's 2021 commitment to the Zondo Commission he said: 'We need to give whistle-blowers better protection, both in law and in practice. Without whistle-blowers, we will not be able to tackle corruption effectively', yet nothing has been done. Whistle-blowers continue to face lethal threats, job loss, and institutional hostility. 'The delay in tabling of the bill and ignoring the need to implement interim measures demonstrates alarming inertia. Platitudes have not translated into legal safeguards, financial support, or psychological protection,' she said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Saneka said while 'hitmen' involved in the killing of whistle-blowers may occasionally face charges, the architects of these crimes evade accountability. 'The unsolved murder of Babita Deokaran, exposes systemic failure. Law enforcement and the National Prosecuting Authority (NPA) lack proactive strategies to target orchestrators, perpetuating a culture of impunity. Without high-level prosecutions, whistle-blowers remain vulnerable." Saneka said the ACM submitted comprehensive proposals to the Zondo Commission in 2021, and directly to President Cyril Ramaphosa in January this year. 'We detailed five interim measures in our letter to the president, Department of Justice (DoJ) and National Anti-Corruption Advisory Council (NACAC). Despite follow-ups, no substantive feedback has been provided to ACM or to the citizens of South Africa. Neither has any action been taken as far as we are aware. In addition, NACAC's advisories to the president remain confidential, undermining public accountability 'We also ask that the DoJ fast track the Whistleblower Protection Bill and propose that the National Director of Public Prosecutions is directly accountable to Parliament. Parliament has final responsibility for all matters concerning the administration of justice, including the budget for the prosecuting authority. 'South Africa's anti-corruption efforts hinge on protecting those who risk everything. Delays betray whistle-blowers and embolden criminals. We appeal to President Ramaphosa to act now because lives and democracy hang in the balance,' she said. Ben Theron, chief executive officer of The Whistleblower House, said the government's response to protecting whistle-blowers, had been 'fragmented, disjointed, and poorly coordinated'. 'Existing mechanisms are ineffective, and the way they are managed is neither structured or trusted by those who need protection. The system lacks credibility and urgency. In addition to threats to their lives, whistle-blowers often face workplace retaliation or dismissal without proper recourse, meaning job security is virtually nonexistent.' Theron said they had submitted detailed proposals aimed at strengthening whistle-blower legislation, particularly reforms to the Protected Disclosures Act (PDA) of 2000. Stefanie Fick, executive director of the accountability division at Organisation Undoing Tax Abuse (OUTA), said: 'Too many whistle-blowers are on suspension awaiting disciplinary hearings because they decided to stand up against corrupt activities and government departments litigate with taxpayers' money against whistle-blowers. Whistle-blowers also do not receive emotional or financial support and are often ostracised.' Fick added she did not believe the South African Police Service (SAPS) and the NPA had the resources or expertise to tackle the killing of whistle-blowers. Devoshum Moodley-Veera, an integrity activist, said: 'Retaliation against whistle-blowers has become commonplace due to the government's failure to adequately safeguard these individuals. Daily, I encounter situations requiring urgent assistance for whistle-blowers, whether through providing safety houses or offering legal support as they face disciplinary actions. 'A critical, yet untapped, resource is the Criminal Assets Recovery Account (CARA) fund, managed by the NPA. This fund, derived from the proceeds of crime, is intended to compensate victims of economic crimes. These funds could effectively support whistle-blowers by covering legal fees, safety accommodation, and psychological assistance. However, this has not yet been implemented by the government." Moodley-Veera, who is a PhD student specialising in ethics, anti-corruption, whistle-blowing protection and law at the Stellenbosch University, said there was a significant over-reliance on the Special Investigations Unit (SIU) for probing whistle-blower complaints. 'Law enforcement agencies haven't yet released statistics on the number of whistle-blower cases they have received, making it difficult to assess their effectiveness in handling these matters. Additionally, there's an excessive dependency on civil society organisations and journalists to bring these cases to light. The country also suffers from poor consequence management for wrongdoers. 'In many instances, individuals facing disciplinary proceedings are allowed to resign before any action can be taken against them. This loophole enables them to evade accountability and potentially move to other organisations, perpetuating the same problematic behaviours. Furthermore, the use of non-disclosure agreements (NDAs) effectively silences whistle-blowers,' she said. Koogan Pillay, a governance and human rights advocate, said it appeared that there was no political will or commitment to ethical governance and accountability. 'There is too much talk and very little action. During the Zondo Commission, I made a submission to the commission, as a collective effort of the ACM. This included a compilation of many whistle-blower complaints, together with a human rights report, on what needs to be addressed as a matter of urgency, to counter the existential threat posed by grand corruption to South Africa's young democracy. 'Sadly, it has been three years since former Chief Justice (Raymond) Zondo submitted his report to President Ramaphosa and parliament. He recently conveyed his dismay at the lack of progress in implementing his report, hence putting at risk South Africa's constitutional democracy from any further potential capture, should it happen,' he said. Pillay added if nothing was done to protect whistle-blowers, corruption would worsen to the point of rendering South Africa a failed state. 'This could lead to the reality and nightmare of a 'mafia' state. Sadly more pressure rests on resourced strapped organisations and citizens at large. Ultimately, the results at the polls will also tell, as we have seen during the elections last year which led to a Government of National Unity.' THE POST

The Citizen

3 hours ago

• The Citizen

ConCourt's 'humanistic jurisprudence' source of pride, Ramaphosa

The Constitutional Court marked its 30th anniversary on Friday. As the country marked the 30th anniversary of the Constitutional Court, President Cyril Ramaphosa has called for continued recognition of the apex court's role in upholding democracy, saying its 'humanistic jurisprudence is a source of pride.' The Constitutional Court marked its 30th anniversary on Friday. Human rights Writing in his weekly newsletter, Ramaphosa discussed the threat to human rights across many parts of the world, with constitutionalism increasingly being tested. Ramaphosa stated that in March this year, the UN Human Rights Council said the 'world is facing a moment of profound instability' – characterised by conflict, democratic backsliding, declining respect for the rule of law, right-wing populism, attacks on civil society and judicial independence being undermined. ALSO READ: Ramaphosa defends transformation: 'We must dispel the false notion' Freedoms He said the council stressed the need for countries to strengthen democratic institutions charged with safeguarding fundamental rights and freedoms. 'As South Africans, we can be proud that we continue to strive to live up to this obligation. Even as we face numerous challenges, our democratic order is in good health, anchored in a progressive constitution and a Constitutional Court that continues to safeguard the rights of all'. 'Key facet' Ramaphosa said the imperative for the establishment of a specialised constitutional court was a 'key facet' of the multiparty negotiations that preceded the democratic transition. 'Whilst some believed that existing structures such as the Supreme Court could perform this task, the ANC advocated for a new court that was untainted by the past. 'Just as drafters of the constitution itself drew heavily on the experiences of other countries, when considering the model of the court, we looked to other jurisdictions for inspiration,' Ramaphosa said. 'Uniquely South Africa' Ramaphosa said while the ConCourt draws on the wisdom and support of international partners, it remains uniquely South African in its outlook, orientation, and values. The president said the court's first case in 1995, on the constitutionality of the death penalty, set the tone for a humanistic jurisprudence grounded in human dignity that endures to this day. 'In his judgment, one of South Africa's finest legal minds, South Africa's first black Chief Justice Ismail Mohamed, immortalised the vision of the new court,' Ramaphosa said. 'The South African Constitution is different,' Justice Mohamed writes. 'It retains from the past only what is defensible and represents a decisive break from, and a ringing rejection of that part of the past which is disgracefully racist, authoritarian, insular and repressive, and a vigorous identification of and commitment to a democratic, universalistic, caring and aspirationally egalitarian ethos.' Ramaphosa said throughout its 'proud history', the ConCourt has carried out its work without 'fear or favour, not hesitating to hold even the most powerful in society to account.' ALSO READ: Ramaphosa calls for dialogue to end Israel-Iran conflict