The Department of Health and other government respondents have failed to comply with a court order to stop anti-immigrant vigilantes from screening patients, and now have one final chance to prove their intent, reports GroundUp.
The Gauteng High Court has instructed the governments to comply with the December ruling that ordered the state to take firm action against Operation Dudula members who are obstructing and blocking access to clinics for immigrants.
The matter, first heard in late November, was initiated by the Treatment Action Campaign, Médecins Sans Frontières (Doctors without Borders) and Kopanang Africa Against Xenophobia. The respondents were the managers of the Yeoville and Rosettenville clinics, the City of Johannesburg, law enforcement agencies, and the local, provincial and national Health Departments.
The vigilantes had been demanding that people visiting clinics must show South African identity documents, and patients who could not were turned away.
In an interim order on 4 December, the court directed the respondents to “take reasonable measures to ensure safe and unhindered physical access” to clinics.
They were ordered to stop the blockades, ensure there was adequate security at entrances, and to report all incidents to the police. The police were ordered to provide all necessary assistance to ensure compliance with the order.
But weeks later, the groups continued to threaten patients without resistance from security or staff at the clinics.
SECTION27, representing the applicants, filed an urgent contempt application against the state for failing to comply with the interim order. They also sought further relief, requiring the state to take immediate steps to comply fully with the court order.
Health rights attorney at SECTION27 Khuselwa Dyantyi said that during hearings last week, the Department of Health asked to enter into a settlement agreement to give officials another chance to comply.
A settlement was reached and made an order on 23 March. The department is expected to file an answering affidavit and a report explaining the steps it has taken to address the issue of vigilantism by no later than 18 May.
The order also directs each government entity to identify a point person within 10 days who is responsible for facilitating access to the Yeoville and Rosettenville clinics.
Part B, in which the applicants seek broader structural relief and the confirmation of the interim orders, will be heard in September.
See more from MedicalBrief archives:
Activists back in court over Dudula bullying of migrants
Second legal bid to get authorities to act against Dudula vigilantism
Interdict bid against Operation Dudula dismissed over lack of urgency