SAHRC condemns government for healthcare access failures

The South African Human Rights Commission (SAHRC) has strongly condemned the government for its inaction against vigilante groups that are obstructing non-nationals and undocumented individuals from accessing public healthcare services throughout the country.

This comes in the wake of recent Durban High Court ruling that dismissed the Commission's urgent application aimed at halting the unlawful activities of groups like Operation Dudula and March and March, which have been blocking access to hospitals, including 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 argue that foreign nationals are placing undue pressure on the country's public healthcare system. They want foreign nationals to be denied medical care. 

In a statement on Friday, the Commission said it had approached the court after multiple failed attempts to engage the South African Police Service (SAPS) and the Department of Health on the matter.

"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.

"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 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 stressed that these actions violate fundamental constitutional rights, including the right to dignity, equality, life, and access to healthcare.

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