The Commission has received complaints indicating that patients requiring renal dialysis are unable to access, or continue accessing, life-sustaining treatment within public healthcare facilities in the province. These complaints raise serious concerns regarding the protection and fulfilment of fundamental constitutional rights, including the rights to life, dignity, and access to healthcare services.

The complaints received by the Commission include allegations relating to:

• Denial or discontinuation of dialysis treatment;
• Delayed access to treatment due to lengthy waiting lists;
• Inability of clinically eligible patients to secure ongoing dialysis care;
• Insufficient dialysis capacity within public healthcare facilities;
• Infrastructure challenges affecting the expansion of dialysis services;
• Shortages of specialised personnel, including nephrology-trained nurses and medical practitioners; and
• The non-utilisation of private dialysis facilities to supplement public sector capacity.

In terms of section 184 of the Constitution of the Republic of South Africa, 1996, and sections 13 and 15 of the South African Human Rights Commission Act 40 of 2013, the Commission is mandated to monitor, investigate, assess and report on the observance of human rights in South Africa, including systemic challenges that may affect the enjoyment of constitutional rights. The nature and extent of the complaints received suggest that the barriers to accessing renal dialysis services may be systemic and therefore warrant broader scrutiny through a public inquiry.

The Commission has therefore resolved to convene a Public Inquiry into Access to Renal Dialysis Services in Public Healthcare Facilities in the Eastern Cape. The Inquiry will examine whether current systems, policies, practices and resource allocation measures are effectively meeting the needs of patients requiring life-sustaining dialysis treatment, and whether the State is taking reasonable and equitable steps to progressively realise the right of access to healthcare services in accordance with its constitutional and legislative obligations.

The Commission accordingly invites written submissions on, amongst others, the following themes:

• Access to renal dialysis services in public healthcare facilities;
• Availability, accessibility and distribution of dialysis services across the province;
• Infrastructure and resource constraints affecting service delivery;
• Human resource capacity and staffing challenges;
• Referral pathways, waiting lists and patient selection criteria;
• The impact of delayed or denied access to dialysis treatment on patients and families;
• Partnerships between the public and private healthcare sectors;
• Compliance with constitutional and legislative obligations relating to healthcare services;
• Equity and geographic disparities in access to treatment; and
• Recommendations for improving access to renal dialysis services.

Submissions may be made by affected individuals, patient advocacy groups, healthcare professionals, healthcare institutions, civil society organisations, academics, researchers, government departments, professional councils and any other interested stakeholders. The submissions process will inform the Public Inquiry and assist the Commission in assessing whether current systems, policies and practices adequately protect and promote the rights to life, dignity and access to healthcare services.

 Submission details

 Written submissions must be submitted electronically in PDF or Word format to:
Email: Dr E. Carter - This email address is being protected from spambots. You need JavaScript enabled to view it. and Nelson Kesa - This email address is being protected from spambots. You need JavaScript enabled to view it.  Subject Line: “Renal Dialysis Public Inquiry Submission”

Closing Date: Stakeholders are encouraged to clearly identify the organisation or individual making the submission and provide contact details where appropriate. Further details regarding this investigation and Inquiry will be released in due course

All submissions to reach the SAHRC 15 September 2026

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION