Government hauled to court over failure to prevent 'vigilante obstruction’ at public clinics

THE State’s failure to intervene and stop the ‘vigilante obstruction’ at public clinics when individuals seeking access cannot provide their South African identity documents, infringes on the constitutional right to access healthcare.

This is one of the arguments civil society organisations advocating for equitable access to healthcare in public facilities have made in their urgent application at the Gauteng High Court, Johannesburg. 

The organisations are seeking immediate intervention to end the obstruction that has left vulnerable patients unable to access essential medical services.

Doctors Without Borders (MSF), Treatment Action Campaign (TAC), and Kopanang Africa Against Xenophobia (KAAX) - represented by Section27- have brought this application against several state respondents, including the City of Johannesburg, the Gauteng Department of Health (GDoH), and the South African Police Service (SAPS).

They are asking for an order compelling the state to ensure safe and unhindered access and to remove any unauthorised persons who obstruct or interfere with access to, or the provision of, healthcare services.

The applicants say that dozens of clinics in Gauteng have become “hotspots” of xenophobic vigilante action, where individuals have been blocking entry to patients who cannot produce South African identity documents, including foreign nationals and South Africans without identity documents.

As a result, many patients have been turned away and denied healthcare. This hindrance affects everyone seeking medical assistance, including pregnant and lactating women, infants, and children - groups that are particularly dependent on continuous medical care.

The applicants argue that, in essence, the continued denial of access to healthcare not only threatens the targeted groups without South African identity documents but also the broader public health system, as untreated illnesses and disrupted medical treatments can have serious consequences for entire communities.

They say the State has an obligation to uphold the Constitution and to ensure that everyone living in South Africa can exercise their right to access healthcare services, including reproductive healthcare.

The organisations seek relief to order the State respondents to take all reasonable measures to ensure safe and unhindered physical access to the healthcare facilities for all persons seeking health services.

They are also asking the State to secure the removal of any unauthorised persons hindering access from the healthcare premises or immediate surroundings.

The applicants also want the court to force the State to station adequate numbers of trained security personnel at all access points.

The court is further asked to order the State to place public notices at all access points prohibiting unauthorised interference and stating that violators will be removed and reported to the police.

The applicants want all incidents of obstruction reported to the SAPS, with the expectation that they will provide all necessary assistance to ensure access to these facilities.

Cape Times