ActionSA pushes for constitutional change as Operation Dudula targets migrants at clinics:
ActionSA has reiterated its calls to amend section 27 of the Constitution to curb access to public healthcare for undocumented foreign nationals, amid Operation Dudula’s crackdown at public clinics which human rights watchdogs have criticised for constitutional violations.
ActionSA parliamentary chief whip Lerato Ngobeni said the party had tabled constitutional amendment proposals in May, arguing that the public health system was “buckling” under the pressure of providing free care to non-citizens.
Ngobeni claimed that some clinics reported that up to 70% of patients seeking services were foreign nationals and this had led to South Africans being “crowded out” of already overstretched facilities.
“South Africa is expected to carry this burden indefinitely, when other countries do not even allow entry without proof of medical insurance,” she said in a recent statement.
The SAHRC said blocking people from receiving healthcare services is unconstitutional. Referencing section 27(1) of the Constitution, the commission reaffirmed that “everyone has the right to have access to healthcare services”, and noted that section 27(3) guarantees that “no one may be refused emergency medical treatment”.
The commission voiced alarm about reports of intimidation by Operation Dudula at health facilities in Hillbrow and Rosettenville in Johannesburg. They demanded documentation at clinic entrances and turned away people without documents. In some cases, they inspected patient clinic cards and threatened hospital staff.
“The commission would like to remind members of the public and civic groups that access to healthcare is central to the right to dignity, the right to life, and the right to equality. The denial of healthcare on discriminatory grounds undermines the constitutional promise of a just, inclusive and caring society,” the SAHRC said.
It cautioned citizens against taking the law into their own hands and making it difficult for people to get medical care because of their nationality. “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 people lies solely with the department of home affairs, supported by the South African Police Service when lawfully required, the commission said.
Operation Dudula, now a registered political party, has said its actions are “community interventions”. National organiser Zandile Dabula told public broadcaster SABC last week that migrants should only receive emergency care “after they are arrested for violating immigration laws”.
In an interview with the Mail & Guardian, she denied that Operation Dudula’s actions at public clinics amounted to xenophobia, saying they were necessary because of government inaction.
Legal experts have said such actions could constitute violations of the Constitution and the National Health Act, which does not permit discrimination based on nationality or legal status.
International human rights frameworks, including the United Nations Refugee Convention and the African Charter on Human and Peoples’ Rights, also obligate South Africa to provide basic healthcare to all people in its borders.
Pierre de Vos, a constitutional law expert at the University of Cape Town, has previously argued that section 27’s language is unambiguous and applies to all people, not just citizens.
He said that amending this section would require a two-thirds majority in the National Assembly and approval from at least six provinces in the National Council of Provinces.
In Gauteng and KwaZulu-Natal, nurses and doctors have raised concerns about staff shortages, long queues and under-resourced clinics.
The department of health has not endorsed ActionSA’s stance, but it has acknowledged systemic pressure driven by increased demand, insufficient infrastructure and budget constraints. It says undocumented migrants can get primary care services, with more restricted access to specialised care.
Civil society organisations, including Kopanang Africa Against Xenophobia and Section27, have called for urgent intervention to halt Operation Dudula-led disruptions at clinics. Legal proceedings have been launched in the Johannesburg high court seeking interdicts against the party’s actions, with judgments expected later this year.
As the 2026 local government elections draw near, ActionSA is expected to campaign on a platform that includes stricter immigration enforcement and constitutional reform.
The party argues that South Africa must “rebalance” its humanitarian commitments with resource constraints, but critics warn that such rhetoric risks fuelling xenophobic violence.
Trust in South African police at an all time low, report shows:
Public trust in the South African Police Service (SAPS) is at an all-time low, with just over a fifth of citizens having faith in the police since 2022, according to a survey published on Monday.
The study by the Human Sciences Research Council (HSRC) was released a day after President Cyril Ramaphosa announced that he had placed Police Minister Senzo Mchunu on a leave of absence in the wake of allegations that a criminal syndicate has infiltrated the police service and intelligence agencies, including top police and prosecutorial structures.
Ramaphosa said he was setting up a judicial commission of inquiry to be chaired by the acting deputy chief justice, Mbuyiseli Madlanga, to investigate what he called “the infiltration of law enforcement, intelligence and associated institutions within the criminal justice system by criminal syndicates”.
According to the HSRC survey, trust levels in the police have remained relatively low over the 1998 to 2024-25 period, during which a majority of the adult public never expressed any faith in the service.
From 1998 to 2010, the average level of trust ranged between 39% and 42%, but dropped sharply in the 2011-13 period following the Marikana massacre, when police opened fire and killed 34 miners during a strike at a Lonmin mine.
In 2021, trust in the police fell to 27%, apparently as a result of the July 2021 social unrest in KwaZulu-Natal and Gauteng, when the SAPS was criticised for its handling of the violence.
“The findings of this study underscore the urgent need for SAPS to prioritise building public trust and confidence,” the HSRC’s Benjamin Roberts, the principal investigator of the study, commented.
“By adopting a more community-focused and accountable approach to policing, we can work towards creating safer and more secure communities for all South Africans.”
In his live address on Sunday, Ramaphosa said the allegations against Mchunu and others made last week by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi posed a grave threat to the rule of law and national security.
Mkhwanazi told journalists that Mchunu had ordered the closure of the task team formed in 2018 to investigate politically motivated murders in KwaZulu-Natal, but since used in other provinces, because it had uncovered links between drug cartels, politicians, police and prosecutors.
Mchunu has denied the allegations against him.
On Monday, the HSRC said trust in the police had fallen in all provinces over the past two and a half decades, although there were notable disparities.
The Eastern Cape and Northern Cape consistently recorded the highest levels of trust, averaging 43% and 42% respectively, while Gauteng and KwaZulu-Natal had the lowest average trust levels at 29% and 34% respectively, slumping to just 18% in 2024-25.
“Provinces such as the Free State and Limpopo, which once reported relatively high trust, have also experienced marked declines, reaching 23% by 2024-25. By the time of the 2024-25 survey round, no province recorded trust levels above 30%,” the HSRC said.
“The trend points to a deepening legitimacy crisis for SAPS across the country, with historically higher-trust provinces converging downward toward the levels of deep scepticism observed in Gauteng and KwaZulu-Natal.”
The report added that public views of the police were influenced by broader evaluations of democratic performance and the trustworthiness of the government.
“Public confidence in democratic institutions has shown a strong downward trend over the past 17 years, as part of a general pattern of diminishing political support. Police confidence is not immune to the pull-down effect of these wider trends,” it said.
Established in 1968 as a statutory research agency, the HSRC’s mandate is to inform the effective formulation and monitoring of government policy, evaluate policy implementation and encourage public debate.
Kenya protests: When press freedom is under siege courageous journalists enlighten the world:
As Kenyans flooded the streets of Nairobi on 25 June in commemoration of the first anniversary of the Maandamano (protests) and the 7 July the Saba Saba protests, the coverage of journalist Larry Madowo stood out.
The Communication Authority of Kenya had ordered all broadcasters to desist from live coverage of the Maandamano and Saba Saba protests, an action that kept press freedom under siege. But CNN’s Madowo still defied this.
The peaceful protests were geared towards remembering the 60 fallen victims opposing the Finance Bill in 2024 and against gross human rights violations and inequalities.
Saba Saba Day commemorates the 7 July 1990 protests, when Kenyans demanded a multi-party democracy.
Press freedom is the cornerstone of democratic societies. The communication authority’s undemocratic actions violated articles 33 and 34 of Kenya’s Constitution and suffocated digital civic spaces, free press and the independence of media.
Madowo, a former BBC North America and Kenya Television (KTV) correspondent from Siaya county, captured the live protests in video recordings, interviewing protestors and broadcasting to inform the world of the developing stories.
“Police fired tear gas to disperse thousands who took to the streets to mark the one year anniversary of anti-government protests that left dozens of dead”, among other tragic incidents, Madowo reported.
How would the world have known that 300 people were wounded, 67 in a critical condition and 10 dead during the Saba Saba protests when Kenya’s army and police responded?
One might argue that Madowo was doing exactly what he is paid for by CNN, but he has been threatened by pro-Ruto government apologists and covering such events is courageous.
On 7 July, Madowo posted on X that an attempt on his life had been made and pro-government voices had called for his arrest.
He also uses his digital social handles to counteract misinformation and disinformation by providing information on what is actually happening. For example, in the case of Boniface Kariuki’s death, the Kenyan police said he had attacked a police station but the vendor was selling masks to make a living as usual.
Journalism is the pursuit of truth no matter who it is against it. It is the pillar that holds governance accountable in democratic societies.
In this age and era, journalism is facing occupational hazards. Not only are journalists threatened, governments are trying to turn them into proxy public relations officers, prompting them to alter the truth and breed disinformation in news rooms, an act aimed at destroying the independence of the media.
This is also an era of the internet and artificial intelligence where social media can trend with fabricated stories, escalating disinformation and misinformation.
It is an era of the rise of non-professional citizen journalists where anyone with a smartphone can provide news, which can be positive, but not if it hasn’t been fact checked.
This is an age in which journalists are cyberstalked, surveilled, harassed online, while on the front line they are beaten and their cameras confiscated by security officials.
Amid such occupational hazards, reporting such as Madowo did during the Maandamano anniversary reminds the profession to remain firm and strong.
Driving public discourse and amplifying the voices of the marginalised is key to promoting transparency and accountability in democratic societies.
We should all stand tall and protect journalists who have dedicated their lives to informing and educating us because, by protecting them, we protect our freedoms and societies.
It is upon journalists themselves to be ethical and professional and to separate journalism from activism and public relations. Unless they do so, they are no different from bloggers for hire.
Without safeguarding freedom of the press, independence and viability of the media a society is not democratic.
Robert Kigongo is a sustainable development analyst. Robertinez07@aol.com
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