The SA Human Rights Commission (SAHRC) has initiated urgent legal proceedings against what it calls the “unlawful and discriminatory” actions of groups such as Operation Dudula and March and March, who continue to block non-nationals and undocumented individuals from accessing public healthcare facilities.

Despite multiple warnings and public appeals, the SAHRC said these groups and individuals have persisted in their campaign of intimidation at hospitals and clinics, denying vulnerable people their constitutional right to medical treatment.

In response, the commission has lodged an urgent application with the Durban High Court, set to be heard on October 10, to safeguard access to public healthcare and protect the rights of all persons within South African borders — regardless of nationality or documentation status.

“The right to access healthcare is universal and must be protected without discrimination,” said the SAHRC in a statement.

“Our Constitution does not allow for vigilante enforcement of immigration laws, nor does it permit anyone to deny medical services to another person based on their nationality.”

In July 2025, the SAHRC issued a strong public call for all public healthcare facilities and provincial departments to guarantee equal, non-discriminatory access to services.

The commission also urged healthcare professionals to uphold their ethical obligations and called on law enforcement to intervene when public conduct threatened the safety and rights of others.

Yet, in the months since, the commission has continued to receive complaints and monitor incidents of illegal blockades at healthcare centres, particularly in urban and high-pressure areas.

The conduct of Operation Dudula and March and March — which claim to protest strained healthcare resources due to undocumented immigrants — has reportedly gone unchecked, despite assurances from the Department of Health and the South African Police Service (SAPS).

Now acting under Section 13(3) of the South African Human Rights Commission Act 40 of 2013, the SAHRC is exercising its legal mandate to protect fundamental rights by approaching the courts directly.

The commission reaffirmed its commitment to the rule of law, condemning any attempt by private citizens to act as enforcers of immigration policy or to block access to life-saving services.

“Those frustrated by the state of healthcare should direct their concerns to the Department of Health or lodge complaints with the Commission — not take the law into their own hands,” the SAHRC said.

This court action also casts a spotlight on South Africa’s ongoing healthcare challenges, including inadequate staffing, poor infrastructure, and limited resources, which disproportionately affect the poor and marginalised.

The SAHRC’s latest State of Human Rights and Section 184 reports cite these issues as chronic problems that continue to undermine the country’s progress in realising socio-economic rights.

kamogelo.moichela@iol.co.za

IOL Politics

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