The Durban High Court has struck off the roll an urgent application by the South African (SA) Human Rights Commission (SAHRC) seeking an interdict against Operation Dudula and the March and March campaigners.
The court ruled that the matter lacked urgency.
The SAHRC had approached the court to stop the groups from turning away undocumented people and foreign nationals from public hospitals and clinics in KwaZulu-Natal and Gauteng. The Commission argued that the matter was urgent, citing cases where children had reportedly been denied healthcare services.
However, lawyers representing Operation Dudula and March and March told the court that the application was an abuse of process, pointing out that they had only been served with the papers on Monday.
Following the ruling, March and March Spokesperson Jacintha Ngobese Zuma welcomed the court’s decision. “We are very happy that the judge has taught the South African Human Rights Commission that they are not above the law. They cannot just wake up one morning and decide to take us to court and call for our arrest,” she said.
Ngobese Zuma added that while the case may continue in future, the ruling gives them more time to prepare their defence. “This does not mean the case is gone completely, but it gives us the time to prove our point, because South Africans are dying every day due to lack of access to healthcare,” she said.
The SAHRC has not yet indicated whether it will refile the application.
–ChannelAfrica–
