Court dismisses SAHRC application against hospital blockades
The SA Human Rights Commission’s urgent bid to stop the
blocking of foreign nationals from accessing public hospitals has been struck
off the roll.
The commission brought the application hoping to interdict the March and March movement, as well as Operation Dudula members from turning people away at clinic and hospital entrances.
The Human Rights Commission's attorneys told the court that they began receiving a barrage of complaints about the blockades from foreign nationals, including asylum seekers in July, and began an investigation that has formed the basis of the application.
The commission says the actions of March and March and Operation Dudula violate the laws of the country.
The lawyers of all 15 respondents argued that the commission shot itself in the foot on the urgency aspect - saying while incidents were brought to its attention in July, the application was only filed in late last month.
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They also argued that they only received notice this week, giving them four days to respond, describing it as an abuse of court process.
Lawyers for the ministers of health and police argued that interim relief should not be granted without proper investigation of the complainants.
The judge struck the matter of the roll on the basis of a lack of urgency.
The SAHRC has been ordered to pay the costs.
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