LHR want Operation Fiela declared unconstitutional

 The Lawyers for Human Rights (LHR) would seek a court order declaring government’s Operation Fiela unlawful and unconstitutional.

The court challenge is set to be heard in the North Gauteng High Court on Tuesday.

The LHR said Operation Fiela, a national operation by the police, the army and the Department of Home Affairs’ immigration services was carried out without compliance with the law and without search warrants.The operation also targeted foreign nationals during the night.

The LHR said it “was gravely concerned” that operations that were conducted violated of section 14 of the Constitution, which guaranteed the right to privacy and not to have one’s home searched unless it was authorised and done in accordance with legislation.

“This action may only be conducted with the authorisation of a warrant and only on reasonable grounds. This is fundamental to our constitutional dispensation, the right to dignity and the rule of law,” said LHR spokesman David Cote.

“This case is not about stopping the government’s ability to fight crime but ensuring that it does so within the confines of the law.

“In the normal course of operations, police must get warrants to enter people’s homes. There is no reason why they should not do so under Operation Fiela.”

The operation, launched following a spate of xenophobic violence in the country, had come under fire in recent months. Non-governmental organisations have accused authorities of targeting the poor in the name of fighting crime.

The police and the ruling African National Congress in turn defended the Operation Fiela and said it was meant to eliminate criminal activities and was not a form of harassment.

Loosely translated, “Fiela” means sweep clean.

The operation has sen police, backed by the army and immigration officials, raid hostels in cities and informal settlements. The operation nets hundreds of arrests at a time for various charges including illegal possession of firearms and ammunition, drug possession, murder, possession of stolen goods and being in the country without proper documentation.