SAHRC launches urgent legal action against Dudula to protect healthcare access for foreigners
The SA Human Rights Commission (SAHRC) has initiated urgent legal proceedings against what it calls the “unlawful and discriminatory” actions of groups such as Operation Dudula and March and March, who continue to block non-nationals and undocumented individuals from accessing public healthcare facilities.
Image: Itumeleng English / Independent Newspapers
THE South African Human Rights Commission (SAHRC) has initiated urgent legal proceedings against what it describes as the “unlawful and discriminatory” actions of groups like Operation Dudula and March and March.
The entities have allegedly been blocking non-nationals and undocumented individuals from accessing essential public healthcare services.
Despite repeated warnings and public appeals from the commission, the groups have continued their campaign of intimidation at hospitals and clinics, depriving vulnerable populations of their constitutional right to medical treatment.
In response to this escalating crisis, the SAHRC has submitted an urgent application to the Durban High Court, scheduled for a hearing on October 10.
The objective is to ensure that public healthcare remains accessible to everyone within South Africa, irrespective of nationality or documentation status.
In a statement, the SAHRC emphasised, “The right to access healthcare is universal and must be protected without discrimination.” It further asserted that the South African Constitution prohibits vigilante enforcement of immigration laws and forbids anyone from denying medical services based on a person's nationality.
Back in July 2025, the SAHRC made a compelling public appeal urging all public healthcare facilities and provincial departments to guarantee equal, non-discriminatory access to health services.
The commission also called upon healthcare professionals to adhere to their ethical duties and urged law enforcement to step in when public behaviours jeopardise the safety and rights of others.
Since then, however, the SAHRC has continued to receive numerous complaints regarding illegal blockades at healthcare centres, particularly in urban and high-pressure areas.
The actions of Operation Dudula and March and March—which claim to protest against strained healthcare resources due to undocumented immigrants—have persisted without adequate intervention, despite pledges from the Department of Health and the South African Police Service (SAPS).
Exercising its legal authority under Section 13(3) of the South African Human Rights Commission Act 40 of 2013, the SAHRC has decided to take direct action through the courts to safeguard fundamental rights. The commission has reaffirmed its dedication to the rule of law while condemning any attempts by private individuals to enforce immigration policies or obstruct access to critical life-saving services.
“Those frustrated by the state of healthcare should direct their concerns to the Department of Health or lodge complaints with the Commission—rather than take the law into their own hands,” the SAHRC stated.
This legal action brings to the forefront South Africa’s ongoing healthcare challenges, which include issues such as insufficient staffing, poor infrastructure, and a lack of resources.