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SAHRC takes March and March leaders to court

The SA Human Rights Commission’s legal battle with March and March leaders and Operation Dudula over the alleged denial of healthcare to foreign nationals has been postponed from Tuesday to Friday at the Durban High Court.

THE showdown between the South African Human Rights Commission (SAHRC) and 15 respondents, including the KZN MEC of Health, March and March leaders Jacinta Ngosebe Zuma and Teresa Nortje, and members of Operation Dudula, has been postponed to Friday, October 10, at the Durban High Court.

The matter was due before a judge on Tuesday, October 7, after the SAHRC filed their application at the Durban High Court on Friday, October 3. The Commission’s application stems from the ongoing denial of entry to foreign nationals in government health facilities across the city.

The March and March-led operation of checking the identity documents of those seeking medical assistance at public health facilities began outside the gates of Addington Hospital in July. The chief executive officer of Addington Hospital is listed as the seventh respondent in the SAHRC matter.

The March and March campaign began at the start of July outside Addington Hospital. Photo: Sibongiseni Maphumulo

Nortje, who spoke to the Berea Mail briefly, said the civic organisation is not commenting on the matter until it has been to court. She confirmed the postponement, saying that “their legal team needed more than 72 hours to examine and respond to the SAHRC application”.

Also Read: WATCH: Foreign nationals stopped from entering Addington Hospital Gateway Clinic

On her social media, March and March leader Ngobese Zuma called out the Commission and their intention behind the prosecution. “So the Human Rights Commission says that the police must leave illegal immigrants and arrest us,” said Ngobese Zulu.

The Point Station Commander, Minister of Police and the Provincial Police Commissioner are among the respondents. Ngobese Zuma added: “So they have money to go to court and fight for foreigners, what a joke … Eventually we must know what the real agenda is with the SA Human Rights Commission‼ It’s definitely bigger than human rights.”

Operation Dudula members marched from King Dinuzulu park to the Durban offices of the South African Human Rights Commission on Thursday, July 17. Photo: Sibongiseni Maphumulo

SAHRC provincial manager, Pavershree Padayachee, redirected the Berea Mail to the court on the contents of the application “due to the sensitive nature of the matter”.

Also Read: Watch: Operation Dudula calls on SAHRC to ‘put South Africans first’

She was, however, on record saying: “The Commission remains concerned with the said conduct of these organisations who have no legal authority to turn non-nationals away from any government healthcare facilities. It is important to note that no civic group or individual has the legal authority to control access to public health facilities or to enforce immigration laws.

“The power to inspect, arrest, or detain undocumented persons lies solely with the Department of Home Affairs, supported by the South African Police Service (SAPS) when lawfully required. The SAHRC urges both the Department of Home Affairs and SAPS to diligently perform their duties, to avoid citizens taking the law into their hands.”

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Sibongiseni Maphumulo

Sibongiseni Maphumulo joined Caxton Local Media in 2024 as a community news journalist, covering the Berea Mail distribution area. She believe in making a positive impact in people's lives through storytelling, as not all news is bad news.

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