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Durban High Court Dismisses SAHRC’s Urgent Bid Against Operation Dudula and March and March, Awards Costs

The judge found the SAHRC’s delay made the case non-urgent.

Overview

  • Judge David Sachs struck the application off the roll for lack of urgency, calling it an abuse of court processes and ordering the SAHRC to pay costs.
  • The SAHRC had sought an interdict to stop Operation Dudula and the March and March Movement from turning undocumented people and other foreign nationals away at public hospitals and clinics in KwaZulu-Natal and Gauteng.
  • The court noted the commission drafted papers months earlier but served them only shortly before the hearing, undermining its claim that urgent relief was required.
  • Operation Dudula leader Zandile Dubula welcomed the outcome, accused the commission of siding with foreign nationals, and said the group is enforcing the law.
  • March and March representative Jacintha Ngobese Zuma praised the ruling, and the substantive allegations about denial of healthcare remain unresolved.