Hands off our clinics! – SAHRC slams xenophobic gatekeepers

Cape Town – The South African Human Rights Commission (SAHRC) and the Department of Health have strongly condemned the denial of health care to individuals based on nationality or documentation status, labelling such actions as unethical, unlawful, and a violation of constitutional rights.

This follows an incident reported by TimesLIVE, in which members of Operation Dudula allegedly barred foreign nationals from receiving medical treatment at Johannesburg’s Hillbrow Clinic.

According to an SABC News report, the Department of Health expressed deep concern over the growing trend of individuals and organised groups blocking access to health facilities and demanding documentation from patients—particularly targeting undocumented foreign nationals.

Department spokesperson Foster Mohale acknowledged public frustrations over pressure on the country’s healthcare system but said that such actions were illegal and contravened various laws, including Section 27 of the Constitution, the National Health Act, the Refugee Act, and the Immigration Act.

The power to inspect

“We understand the concerns, but we don’t agree with the approach,” the report quoted Mohale as saying. “These matters should be addressed through legal channels, not through unlawful and discriminatory practices. We condemn these actions in the strongest possible terms.”

The SAHRC echoed this stance, reiterating that only the Department of Home Affairs and the police have the legal authority to enforce immigration laws.

“No civic group or individual has the legal authority to control access to public health facilities,” the Commission stated.

“The power to inspect, arrest or detain undocumented persons lies solely with the Department of Home Affairs, supported by the police when lawfully required.”