Monday 26 October

The Treatment Action Campaign, Doctors Without Borders (MSF) Southern Africa, and Kopanang Africa Against Xenophobia – represented by SECTION27, have reached a settlement with the Gauteng Department of Health and other respondents, following the contempt application heard on 16 and 17 March 2026. The settlement resolves proceedings by the applicants to ensure that patients at Yeoville and Rosettenville clinics can access healthcare services safely and unhindered, in accordance with an order granted by Justice Wilson in December 2025.       

The matter was heard at the South Gauteng High Court, Johannesburg. The settlement reached by the parties was made an order of Court by Justice Myburgh on 17 March 2026. In terms of the agreement, the parties agreed to the following:

  1. The state respondents must take reasonable steps to ensure safe and unhindered physical access to the Yeoville and Rosettenville clinics, in compliance with the order handed down by Justice Wilson on 4 December 2025.
  1. ⁠The City of Johannesburg, provincial and national health authorities and the South African Police Services must furnish the applicants with a report, on affidavit, describing all steps taken to implement that plan, by no later than 18 May 2026.
  1. The respondents are directed to file Answering Affidavits for purposes of the Part B relief, by no later than 18 May 2026.
  1. The Municipal Manager for the City of Johannesburg, the MMC for Health and Social Development, the Head of the Department of Health in Gauteng, the Provincial Police Commissioner and the Station Commanders at Yeoville Police Station and Moffatview Police Station must each identify a point person within 10 days of the settlement order who is responsible for facilitating access to the Yeoville and Rosettenville Clinics, and to provide contact details for these point people to the applicants.
  1. The applicants are granted leave to approach the court on the same papers, duly supplemented to the extent necessary, for any further relief necessary to enforce the order.

Civil society organisations condemn the actions of any individuals who seek to impede access to health facilities for any reason. The South African 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 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. Civil society organisations remain committed to promoting and protecting the constitutional right of access to healthcare services for all.

For media enquiries, contact:

Doctors Without Borders (MSF) | Jane Rabothata Jane.Rabothata@joburg.msf.org
Treatment Action Campaign (TAC) | ngqabutho.mpofu@mail.tac.org.za
Kopanang Africa Against Xenophobia (KAAX) | Mike Ndlovu | media@kaax.org.za
SECTION27 | info@section27.org.za


1 Comment

Dennis Bailey · March 25, 2026 at 6:47 am

Thank you. It is incredible that you have to take matters to court to get human rights respected in SA.

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