Civil society secures patient access to Yeoville and Rosettenville health clinics
Civil society and the department of health reached a settlement on the unhindered access of patients to the Yeoville and Rosettenville health clinics in Johannesburg.
This followed a recent urgent application by the organisations, represented by Section27, for a contempt of court order against state authorities for allegedly failing to comply with a previous court order meant to stop vigilante groups from blocking access to clinics.
The Gauteng High Court, Johannesburg, in December, ordered the City of Johannesburg, Gauteng Health, and the police to ensure safe access to the Yeoville and Rosettenville clinics. This order was issued after vigilante groups, such as Operation Dudula, obstructed access to treatment for foreigners and others.
Section27 returned to court as it claimed that the authorities have failed to implement the order as vigilante groups are still operating at the clinics.
The Treatment Action Campaign, Doctors Without Borders (MSF) Southern Africa, and Kopanang Africa Against Xenophobia have meanwhile reached a settlement with the Gauteng Department of Health and other respondents, following the contempt application.
In terms of the agreement, the parties agreed that the state respondents must take reasonable steps to ensure safe and unhindered physical access to the Yeoville and Rosettenville clinics, in compliance with the December court order. It was also agreed that the City of Johannesburg, provincial and national health authorities, and the police must furnish the applicants with a report describing all steps taken to implement that plan.
The Municipal Manager for the City of Johannesburg, the health department, and the police must meanwhile each identify a point person who is responsible for facilitating access to the Yeoville and Rosettenville clinics, and to provide contact details for these point people to the applicants.
The applicants stated that civil society organisations condemn the actions of anyone who tries to stop access to health facilities for any reason. They pointed out that the Constitution affords the right to access to healthcare services to all.
“Health services at primary healthcare facilities are critical to sustain public health, and any attempt to obstruct access to facilities endangers public health and is unlawful. The civil society organisations call upon the respondents, including SAPS, to act decisively against this unlawful conduct,” the applicants said.
They meanwhile believe that the settlement agreement will assist all parties to collaborate and fulfil their respective roles in ensuring that healthcare services are rendered without obstruction. It addresses the conduct of vigilante groups who unlawfully demand documentation from patients as a prerequisite for access to healthcare facilities and who block those unable to produce a South African identity document.
According to the applicants, civil society organisations remain committed to promoting and protecting the constitutional right of access to healthcare services for all.
