Cape Town – The South African Human Rights Commission (SAHRC) has approached the Durban High Court to take legal action against Operation Dudula and March & March, describing their actions as the “unlawful and discriminatory” prevention of foreign nationals and undocumented people from accessing public healthcare facilities.
In a statement issued on Tuesday, the Commission said the application seeks to “vindicate the rights of persons who are denied access to public healthcare facilities,” following months of reports that foreign nationals were being turned away from clinics and hospitals across the country.
“The right to access healthcare is universal and must be protected without discrimination,” the Commission stated. It added that “blocking entrances to clinics and hospitals by private individuals or civic groups has no legal basis, violates human rights, and undermines the Constitution and the rule of law.”
The SAHRC confirmed that the matter is being brought under Section 13(3) of the South African Human Rights Commission Act, which empowers it to institute legal proceedings in its own name or on behalf of affected individuals. The Commission said the case will be heard in the Durban High Court on 10 October 2025.
Media Statement: SAHRC institute legal proceedings against the unlawful denial of non-nationals and undocumented persons from entering and receiving medical treatment at public health care facilities https://t.co/O05nmBmRVw pic.twitter.com/oTOn2FD6Uf
— SAHRCommission (@SAHRCommission) October 7, 2025
In its statement, the SAHRC said it had continued to receive complaints of non-nationals being denied entry to medical facilities and reiterated that “everyone within the borders of the Republic is entitled to access healthcare services, including reproductive healthcare.” It further reminded the public that Section 27(3) of the Constitution guarantees that “no one may be refused emergency medical treatment.”
The Commission said it has engaged with law enforcement and the Department of Health regarding the issue, but that incidents of intimidation at hospitals have persisted. “The power to inspect, arrest or detain undocumented persons lies solely with the Department of Home Affairs, supported by the South African Police Service. No private individual or organisation has this authority,” it stated.
Operation Dudula has defended its actions. Speaking to IOL earlier this year, the movement’s spokesperson Zandile Dabula said, “We will not be bullied by the likes of the SAHRC because they are advocating for people who are in this country illegally.”
Dabula also argued that undocumented migrants “should be arrested first before accessing treatment, except in emergencies”.
Government has meanwhile condemned obstructing healthcare access as a direct violation of the Constitution. In a 5 July 2025 media statement, the Presidency affirmed that “the right to access healthcare is universal … This right is not subject to an individual’s nationality or immigration status. Denying individuals healthcare based on their origin is a violation of our laws and values as a nation.”
The SAHRC said it would continue monitoring the situation and called on law enforcement to protect the rights of those seeking medical care.
“Those frustrated by the state of the healthcare system should direct their concerns to the Department of Health, not take the law into their own hands,” the Commission stated.
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Compiled by Lisabeal Nqamqhele
