In a scathing indictment of state failure, the South African Human Rights Commission (SAHRC) has publicly accused the government of standing idly by while vigilante groups systematically deny undocumented individuals and foreign nationals access to public healthcare, violating fundamental human rights and undermining the Constitution.
The condemnation follows a Durban High Court ruling on Friday that struck the Commission’s urgent application off the roll, deeming the matter not urgent. The application sought an immediate interdict against groups like Operation Dudula and March and March, which have been actively blockading hospitals, including Durban’s Addington Hospital, to prevent non-nationals from receiving medical treatment.
A Pattern of State Inaction Despite Direct Appeals
The SAHRC’s statement reveals a deeply troubling pattern of government inaction. The Commission detailed that it had exhausted multiple avenues of engagement with the South African Police Service (SAPS) and the Department of Health, pleading with them to enforce the law and protect constitutional rights. These efforts, it claims, have been met with silence and inertia.
“Despite direct engagements… 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 failure persists despite a national instruction from the Police Commissioner for intervention and public commitments from the Health Department to cooperate with law enforcement.
On the Ground: Police Complicity and Constitutional Violations
The human cost of this inaction is stark. The Commission has collected firsthand accounts from complainants, backed by confirmatory affidavits, who describe being turned away from hospitals by vigilantes. In a damning revelation, the SAHRC reported that when victims sought help, “the SAPS often refused or failed to take action,” and in some instances, officers outright refused to take statements.
This creates an environment where vigilante groups are effectively allowed to act as arbiters of who receives healthcare, a direct violation of the constitutional rights to dignity, equality, life, and access to healthcare services as enshrined in Section 27 of the South African Constitution.
Vigilante Justification and a Legal Setback
The vigilante groups justify their actions by arguing that foreign nationals are placing an unsustainable burden on the public healthcare system—a claim they say highlights the government’s failure to manage migration. However, their method of enforcing this view through intimidation and blockades is unequivocally illegal.
While the Durban High Court’s decision represents a temporary legal setback for the SAHRC, it does not validate the actions of the vigilantes. The ruling was purely procedural, relating to the matter’s urgency, and does not preclude the Commission from pursuing a new application through the normal court roll. The core issue—the government’s duty to protect the rights of all people within its borders—remains unresolved and increasingly urgent, painting a picture of a state struggling to uphold its own foundational laws in the face of populist pressure.
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