SAHRC takes legal action over Operation Dudula blocking public services for undocumented foreigners

Testifying at the SAHRC hearing into the July unrest on Thursday, KZN VIP Protection Services founder Glen Naidoo denied that his call for barricades played a role in racial profiling and killing of black people in Phoenix.
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. (via Twitter)

The South African Human Rights Commission (SAHRC) is taking legal action over the unlawful denial of medical treatment to foreigners and undocumented people at public health facilities.

This follows reports that Operation Dudula and others have been denying people access to public health facilities across the country.

The commission said it had lodged an urgent application in the Durban high court against the relevant parties, which will be heard on Friday.

The commission said despite its call in July urging public healthcare providers, provincial health departments and medical professionals to ensure non-discriminatory access to services and to uphold their ethical duties, it continued to receive complaints of non-nationals and undocumented people being denied access to public healthcare facilities.

As part of its efforts to address the issue, the commission said it had engaged with the department of health and the office of the national police commissioner.

It said they had indicated that steps would be taken to prevent the denial of access to public healthcare facilities by vigilante groups and individuals. However, no steps appear to have been taken to help the affected patients.

The commission called 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 people in South Africa, and to working with relevant stakeholders to safeguard access to public healthcare, and the maintenance of law and order.”

The commission said actions such as blocking entrances to clinics and hospitals, attempting to enforce immigration laws and preventing access to health services by individuals violated human rights and undermined the constitution and the rule of law.

TimesLIVE