In its July 2025 media statement, the SAHRC made a call for the following:

• All public healthcare providers and provincial health departments to ensure non-discriminatory access to services in compliance with the Constitution and the National Health Act.
• Healthcare professionals to uphold their ethical duties to treat all patients with humanity and impartiality and in line with their oath of practice.
• The relevant law enforcement to remain vigilant and to intervene where public conduct may lead to violence or infringements of the rights of others.

Despite this call, the SAHRC continues to observe and receive complaints relating to the denial of non-nationals and undocumented persons access to public healthcare facilities. As part of its efforts to address the issue, the SAHRC engaged with the Department of Health and the office of the National Commissioner of Police. While these state organs, through their engagements with the SAHRC and in the media, indicated that steps would be taken to prevent the denial of access to public healthcare facilities by vigilante groups and individuals, the conduct of Operation Dudula, and March & March continues unabated, and no steps appear to be taken to assist the affected patients seeking medical services.

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.  Accordingly, the SAHRC has lodged an urgent application in the Durban High Court against the relevant parties, which will be heard on 10 October 2025.

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.

The Commission re-iterates its message that members of the public who are frustrated by lack of access to health care should raise their concerns with the Department of Health or lodge complaints with the Commission. The blocking of entrances to clinics and hospitals by private individuals, attempts to enforce immigration laws by private individuals and the blocking of access to healthcare services by private individuals, violate human rights, and undermine the Constitution and the rule of law.

As the Commission highlights in its latest annual State of Human Rights report and the annual Section 184 (realisation of socio-economic rights) report, inadequate and lack of access to health care services continue to be a persistent challenge. Through these reports, inquiries, monitoring activities, and litigation, the Commission continues to hold the state accountable for adequate staffing, resourcing, financing, and expansion of access to health care. 

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