This urgent application concerned the restoration of the rule of law, the accountability of state organs, the affirmation of the sanctity of constitutional principles relating to the rights of children, the rights to equality and dignity and the right of everyone to access health care. Specifically, this case concerned the unlawful prevention of private persons, including nonnationals and undocumented individuals, from accessing public hospital facilities such as Addington Hospital, by members of organised vigilante movements.
The Commission empowered by Section 13(3)(b) of the SAHRC Act approached the Court after numerous unsuccessful engagements with the National Commissioner of Police and the Department of Health. Having exhausted all reasonable avenues such as directing correspondence to the two organisations making it clear that their conduct is unlawful, violates the constitutional rights of the affected persons, and poses a threat to public health, the Commission had no choice but to seek urgent judicial intervention.
Despite the constitutional right of every person to have access to healthcare services and in some instances, the right not to be refused emergency medical treatment, vulnerable individuals continue to be unlawfully prevented from entering healthcare facilities due to the self-help actions of the members of Operation Dudula and March and March.
Complainants, some who have deposed to confirmatory affidavits have reported to the Commission that when affected persons attempted to report these unconstitutional acts to the SAPS, the SAPS”) often refused or failed to take action.
Despite direct engagements and calls by the Commission and civil society organisations urging the relevant state actors to enforce the law and uphold constitutional rights, 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. This inaction persists despite a national instruction from the National Commissioner of Police directing intervention, and despite the Department of Health’s public statements committing to cooperate with law enforcement to safeguard access to healthcare facilities.
The Commission approached Court on an urgent basis because the matter is inherently urgent and cannot be heard in the ordinary course, as the ongoing conduct of these vigilante groups constitutes a continuous and wide-ranging violation of fundamental human rights, including the rights to life, dignity, equality, and healthcare.
- The Commission wishes to emphasise that the Court’s decision to strike the matter off the roll for lack of urgency does not alter its position that the actions of Operation Dudula, March & March, and others are unconstitutional and unlawful.
- The Commission 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 promote respect for human rights and the rule of law.
ENDS
ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION