Civic organisation Operation Dudula has accused the South African Human Rights Commission (SAHRC) of failing in its constitutional duty to represent the interests of ordinary South Africans.
In a memorandum handed over to the Commission on Thursday, Operation Dudula said the SAHRC has become biased. It accuses the HSRC of protecting foreign nationals at the expense of local communities.
The memorandum states that while the organisation respects the Commission’s constitutional mandate to protect and promote human rights, it believes the SAHRC has shown open bias in favour of undocumented immigrants and foreign nationals engaged in unlawful activities.
Sidelining of SA citizens
Operation Dudula argues that this has led to the sidelining of South African citizens who are demanding accountability and prioritisation in access to jobs, housing, healthcare, and business opportunities.
Operation Dudula stated in the memorandum that its mission has been repeatedly misrepresented as xenophobic and vigilante, despite being a peaceful and lawful community movement. According to the memorandum, the SAHRC has taken legal action against Operation Dudula. It did this without any effort to consult the organisation or understand the root of community frustrations.
They argue that this amounts to the silencing of legitimate voices and undermines the right to protest and free speech.
Protecting illegal activities
“Protection of Illegal Activity Under Human Rights Pretence: By defending foreign nationals who are in South Africa illegally or engaging in unlawful business operations, the SAHRC appears to be undermining the rule of law, border integrity, and national sovereignty.
“Lack of Action Against Corruption in Immigration and Policing: We note the Commission’s silence on the bribery, corruption, and misconduct within Home Affairs and SAPS, which facilitates illegal immigration. Communities feel abandoned,” reads the memorandum in part.
The memorandum warns that the Commission’s actions often fuel tension, especially in impoverished communities, by ignoring the daily struggles of unemployed and marginalised South Africans.
It further states that the Commission has become disconnected from the people it is meant to protect. And it has failed to take action on numerous issues, including service delivery failures, inequality, and complaints of racial discrimination.
National inquiry
Operation Dudula is further demanding that the SAHRC launch a national inquiry into the impact of illegal immigration on access to jobs and services, especially in townships and informal settlements.
“SAHRC must initiate or recommend a national human rights inquiry into how illegal immigration impacts South Africans’ access to jobs, services, and safety — especially in informal settlements and townships.
“We demand transparency on how the SAHRC selects which cases to take on. And whether it is truly representing the majority of South Africans or foreign-funded interests. Please see some of many cases,” reads the memorandum in part.
In addition, Operation Dudula is calling for the Commission to hold a public town hall meeting in Soweto or another township before the end of August to engage directly with local residents without what it calls NGOs or foreign intermediaries controlling the narrative.
Engage communities, not biased NGOs
“We call on SAHRC to immediately cease branding our movement as xenophobic or vigilante. And instead open a dialogue with community-based movements seeking lawful and peaceful solutions.”
SAHRC’s Given Makhuvhele said the Commission cannot respond as they are still going through the memorandum.
