SAHRC takes Operation Dudula to court over denial of healthcare to foreign nationals

The South African Human Rights Commission (SAHRC) is taking legal action against Operation Dudula, March & March, and other groups accused of unlawfully preventing non-nationals and undocumented persons from accessing public healthcare services.

The commission has lodged an urgent application in the Durban High Court against the parties, which will be heard on Friday.

The move follows reports that members of these organisations have been blocking entrances to clinics and hospitals, denying patients medical treatment across the Gauteng province, in violation of constitutional rights.

“Accordingly and consistent with its protection mandate and acting in terms of Section 13(3) of the South African Human Rights Act 40 of 2013 which empowers the SAHRC to bring proceedings in a competent court or tribunal in its own name, or on behalf of a person or a group or class of persons, the SAHRC has resolved to approach the courts to vindicate the rights of persons who are denied access to public healthcare facilities,” it said.

According to SAHRC, despite its July 2025 call for healthcare providers, law enforcement, and government departments to ensure non-discriminatory access to medical services, the South African Human Rights Commission (SAHRC) said it continues to receive complaints of non-nationals and undocumented persons being denied treatment at public health facilities.

The Commission said that although the Department of Health and the police had pledged to act against such conduct, groups like Operation Dudula and March & March persist in blocking access to healthcare, with little visible intervention to protect affected patients.

The Commission said the blocking of entrances to clinics and hospitals, as well as attempts by private individuals to enforce immigration laws or deny access to healthcare services, constitutes a violation of human rights and undermines the Constitution and the rule of law.

“The South African Human Rights Commission calls on everyone to respect the rule of law and to desist from unlawful conduct. The SAHRC reaffirms its commitment to upholding its constitutional mandate to protect the rights of all persons in South Africa, and to working with relevant stakeholders to safeguard access to public healthcare, and the maintenance of law and order,” it said.

It further called on members of the public who are frustrated by lack of access to health care to raise their concerns with the Department of Health or lodge complaints with the Commission.