Johannesburg – The South African Human Rights Commission (SAHRC) has accused the government of failing to act against vigilante groups that are preventing non-nationals and undocumented individuals from accessing public healthcare facilities nationwide. This accusation follows a Durban High Court decision to strike the Commission’s urgent application off the roll, deeming it not urgent. The application sought to prevent groups like Operation Dudula and March and March from unlawfully blocking access to hospitals such as Addington.
Operation Dudula and March and March have consistently asserted that the government has failed to address South Africa's migration challenges, arguing that foreign nationals are placing undue strain on the country's public healthcare system. They advocate for the denial of medical care to foreign nationals.
In a statement released on Friday, the SAHRC said it had sought court intervention after repeated unsuccessful attempts to engage with 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 stated. "This inaction persists 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 reported that complainants had been turned away from facilities like Addington Hospital, and in some instances, 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 statement read.
The Commission emphasized that these actions violate fundamental constitutional rights, including the right to dignity, equality, life, and access to healthcare.
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