THE Operation Dudula protest marches can possibly only be interdicted as and when they are due to happen and not in a blanket manner, Judge Jabu Dlamini has ruled.
Judge Dlamini presided over an urgent application in which attorney Mabu Marweshe argued on behalf of African foreign traders at the South Gauteng High Court, Johannesburg, yesterday.
Nhlanhla Lux Dlamini was cited as the first respondent in the interdict application. He would have had to file papers later to argue why Operation Dudula should not be interdicted permanently.
Marweshe told the court that the traders feared for the lives and assets as protests targeting them broke out sporadically.
He said an interdict was sought against the marches on grounds that organisers never seek permission from the authorities. The marches were therefore unlawful, he said.
“We have determined on a prima facie basis that their protests are not legal,” said Marweshe. “They do not have authorisation to embark on those protests. They have also clashed with the police.”
The Operation Dudula participants have marched in areas such as Hillbrow, the Joburg CBD, Alexandra, Soweto and Daveyton.
Marweshe told the court: “They have been vocal about their protests that they are against illegal foreigners.
“They are also against foreigners who are trading in South Africa. They want those jobs to be reserved for South Africans.
“What we do know is that the obligation of enforcing by-laws to determine who is eligible and legally authorised to sell on the streets of Gauteng province lies in the hands of the municipalities,” Marweshe added.
“These individuals, from the prima facie evidence that we have, are acting illegally. They have no authority.”
He maintained that the application was not intended to strip anyone of the right to march, but it sought to interdict illegal actions.
“There is no objection that they can march, but the march must be authorised. They have that constitutional right,” said Marweshe.
“As it is, they have nothing to show cause that they are legally authorised.”
Judge Dlamini ruled that he could not issue a blanket interdict against Operational Dudula. The foreign nationals had recourse to bring urgent applications to interdict each march when they happened, he said.
“The general prohibition would not be unlawful, but unless the papers were saying, ‘there’s a march tomorrow to Jeppe police, wherever - prohibit it’.
“But there would be a challenge again. What if these people have applied to get an order allowing them to march?” Judge Dlamini asked.
“There’s no urgency in this application. The applicants are entitled as and when they want to stop any specific march to approach the court on an urgent basis to stop that particular march.
“But I cannot make a general order prohibiting people from striking,” Judge Dlamini ruled.
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