COMMISSIONER Advocate Thulani Makhubela has been accused of being involved with Operation Dudula, a civic organisation which actively threatened, assaulted and harassed foreign nationals who lived in the Usindisio building in Marshalltown.
This was heard by the commission on Tuesday, 5 December, as victims’ legal representatives led with affidavits by the victims.
According to the legal representatives, Operation Dudula holds a single focus that uses violence and hate speech and targets foreign nationals.
The legal representatives said this was evident when they raided tormented victims of the shelter burnt down before and after it was gutted by a fire that claimed the lives of more than 70 people.
A South African citizen and resident at Usindiso Shelter, Thembinkosi Sithole, relayed in his affidavit how the members of Operation Dudula marched around the building singing the same song while he was mourning the death of the victims.
Thembinkosi recalled instances in May 2023 where members of Operation Dudula conducted illegal raids in their homes searching for drugs and threatened them.
ALSO READ: Izangoma, pasop you've been warned!
He said after the building had caught fire, members returned in celebration and threatened foreign nationals who remained near the premises.
His testimony was repeated in other affidavits from the victims of the fire like the one of a Kenyan citizen and a resident at the building.
He revealed that he and his South African woman were victims of illegal raids, passport searches and assaults by members of Operation Dudula.
“In the morning of the fire of 31 August, after the building had been gutted in flames, members of Operation Dudula arrived at the building with sjamboks and whips singing Zulu songs in celebration that the building had burnt. I remember the lyrics and it translated in English as "You kill our people, you hijack our buildings, you foreigners go back to your country".
It's with these affidavits the legal representatives led in support to have Makhubela recused from the commission of inquiry into the Marshalltown fire, as his views on the inquiry could be biased.
This recusal was brought forth by Socio-Economic Rights Institute's lawyer, Advocate Jason Brickhill, following pro-Operation Dudula and anti-foreigner tweets were spotted on Makhubela’s X, previously known as Twitter, dating back to 2017 to 2022.
According to the legal representative, Makhubela’s account focused on Operation Dudula in the exclusion of other issues, while his previous tweets appeared to have had a wider spread of interest and focused on civic organisation and its associated courses.
While the judgment has since been reserved, the commission's evidence leader, Advocate Ishmael Semenya, did not dispute the evidence placed before the commission and noted that Makhubela’s support for Operation Dudula was a cause for concern.
The inquiry resumes on Wednesday morning, 6 December.
