SA Human Rights Commission Rushes to Court to Stop Operation Dudula from Blocking and Denying Illegal Foreigners Access to Healthcare

SAHRC Takes Urgent Legal Action to Protect Right to Healthcare

The South African Human Rights Commission (SAHRC) has filed an urgent application in the Durban High Court against Operation Dudula and other individuals accused of unlawfully blocking undocumented and non-national persons from accessing public healthcare facilities. The matter is scheduled to be heard on 10 October 2025.

According to the SAHRC, the move follows ongoing incidents where non-nationals have been denied access to clinics and hospitals, allegedly due to coordinated campaigns by Operation Dudula and similar groups such as March & March. The Commission asserts that these actions constitute a direct violation of the South African Constitution and basic human rights principles.

READ: Gauteng Health MEC Pleads for End to Clinic Blockades After Child’s Death in Alexandra |

Constitutional Right to Healthcare

In its 2 July 2025 media statement, the SAHRC reiterated that Section 27(1) of the Constitution guarantees “everyone the right to have access to healthcare services”, regardless of nationality or immigration status. The Commission further emphasised that Section 27(3) explicitly prohibits the denial of emergency medical treatment to any person within South Africa’s borders.

“All public healthcare providers and provincial health departments must ensure non-discriminatory access to services in line with the Constitution and the National Health Act,”
— SAHRC statement

Operation Dudula’s Position

Operation Dudula claims its campaign is aimed at prioritising South Africans and easing pressure on overstretched public health facilities. The organisation, which gained prominence through nationwide demonstrations in mid-2025, argues that the influx of undocumented migrants has contributed to resource shortages in hospitals and clinics.

However, the SAHRC maintains that denying access to healthcare based on nationality or documentation is unconstitutional and undermines the rule of law. The Commission warns that such actions violate human dignity and could have serious humanitarian consequences.

Commission Reaffirms Its Mandate

The SAHRC has urged the public to respect the rule of law and to refrain from unlawful conduct that obstructs access to healthcare. It reaffirmed its constitutional duty to protect the rights of all persons in South Africa and called on healthcare professionals to act in accordance with their ethical obligations.

The Commission has also engaged with the Department of Health and the National Commissioner of Police to ensure that facilities remain open and safe for all patients.

“The blocking of healthcare services by private individuals violates human rights and undermines the Constitution and the rule of law,”
— SAHRC Media Brief

READ: Health Minister Urges Operation Dudula to Respect the Law in Healthcare Access |

Broader Human Rights Concerns

In its latest State of Human Rights Report, the SAHRC highlighted ongoing systemic issues in the public health sector — including inadequate staffing, resource shortages, and poor infrastructure. The Commission noted that these challenges are being exacerbated by unlawful actions that deny vulnerable persons access to basic medical care.

By seeking the court’s intervention, the SAHRC aims to ensure that South Africa upholds its constitutional and moral obligations to protect human dignity and the right to health for all individuals, regardless of status.

Conclusion

The upcoming court case represents a crucial test for South Africa’s commitment to constitutional equality and human rights. As tensions rise between Operation Dudula’s activism and the SAHRC’s protection mandate, the outcome of this legal battle could set a significant precedent for how the country navigates the balance between social pressures and universal human rights.