The South African Human Rights Commission’s (SAHRC/the Commission) Eastern Cape Provincial Office (ECPO) has issued a subpoena directing the Head of Department (HOD) of the Eastern Cape Department of Health, Dr Rolene Wagner, to appear before the Commission in terms of section 15(1)(c) and (d) of the South African Human Rights Commission Act 40 of 2013.

The subpoena arises from the Commission’s ongoing investigations into systemic failures in the provision of public healthcare services across the Eastern Cape Province, following numerous complaints it has received from various complainants. The complaints reflect recurring and widespread challenges across several healthcare facilities in both rural and urban areas.

These complaints include among others unsafe and dilapidated infrastructure, shortages of healthcare professionals, limited access to essential medication and treatment, prolonged water shortages at healthcare facilities, clinic closures without adequate interim arrangements, and alleged procedural unfairness affecting vulnerable patients. These challenges raise serious concerns regarding the protection and fulfilment of several constitutional rights, including the right to access to healthcare services, human dignity, life, equality, and freedom and security of the person.

Despite sustained engagement by the Commission with the Department through written correspondence requesting information, explanations and remedial action, the Commission has not received adequate responses addressing the concerns raised. The Commission, has therefore invoked its subpoena powers to secure accountability, obtain clear explanations, and ensure meaningful engagement with the Department. The Commission has directed the Department to provide detailed written and oral responses addressing the matters raised and measures to remedy these challenges and prevent recurrence.

Failure to comply with the subpoena without just cause constitutes an offence in terms of section 22 of the SAHRC Act and may result in fines or imprisonment.

Details of the subpoena hearing are as follows:

• Date: Tuesday, 10 March 2026
• Time: 10H00 – 12H00
• Place: EC SAHRC Boardroom, East London

The Commission will continue to exercise its constitutional mandate to hold state institutions accountable where failures in public service delivery undermine the human rights of communities.