The South African Human Rights Commission (SAHRC) has accused the government of failing to act against vigilante groups preventing non-nationals and undocumented individuals from accessing public healthcare facilities across the country.
This follows a Durban High Court decision to strike the Commission’s urgent application off the roll. The application sought to stop groups like Operation Dudula and March and March from unlawfully blocking access to hospitals such as Addington. The court struck the matter off the roll on Friday, ruling it was not urgent.
Operation Dudula and March and March have consistently accused the government of failing to address South Africa’s migration challenges and claim that foreign nationals are placing undue pressure on the country’s public healthcare system. The groups want foreign nationals to be denied medical care.
In a statement issued on Friday, the SAHRC said it approached the court after multiple failed attempts to engage the South African Police Service (SAPS) and the Department of Health on the issue.
“Despite direct engagements and calls by the Commission and civil society organisations urging the relevant state actors to enforce the law and uphold constitutional rights, the SAPS and the Department of Health have failed to take any effective steps to prevent these vigilante groups from unlawfully preventing patients from accessing healthcare services,” the Commission said.
The statement added that inaction persisted despite a national instruction from the National Commissioner of Police directing intervention, and despite the Department of Health’s public statements committing to cooperate with law enforcement to safeguard access to healthcare facilities.
The SAHRC said complainants had reported being turned away from facilities like Addington Hospital and that, in some cases, SAPS officers allegedly refused to intervene or take statements when incidents were reported.
“Complainants, some who have deposed to confirmatory affidavits, have reported to the Commission that when affected persons attempted to report these unconstitutional acts to the SAPS, the SAPS often refused or failed to take action,” the Commission added.
The SAHRC stressed that these actions violate fundamental constitutional rights, including the right to dignity, equality, life, and access to healthcare.
