23 September 2025 | 08:23 CAT
3-minute read

Image: AOL

A one-year-old child’s death after being prevented from entering the Alexandra Clinic by members of Operation Dudula has sparked sharp condemnation from opposition parties and human rights groups, as well as urgent calls for law enforcement to uphold constitutional protections.

According to multiple reports, on 31 July, Grace Banda, of Malawian nationality, was allegedly turned away from the Alexandra Community Health Centre with her ill one-year-old child.

The child later died after the mother, reportedly lacking documents, was refused entry.

The Economic Freedom Fighters (EFF) have since lodged criminal charges against Operation Dudula for violating health access rights. Civil society groups argue this case is emblematic of wider patterns by Operation Dudula of intercepting foreign nationals at clinics and clinics often unwilling or unable to enforce constitutional protections.

In an interview on Radio Islam International, Foster Mohale, Director of Media Relations at the National Department of Health, confirmed that the Department is still collecting facts.

He said that what is known is that “the child lost life after the mother was denied access to health facilities.”

Mohale reminded the public that South Africa’s legal framework is specific about who is entitled to health services, regardless of their nationality or immigration status.

“Section 27 of the constitution says anyone who happens to be in the country have got the right to health care service regardless of nationality, immigration status or any factor that may discriminate or describe that person.”

He also emphasised the dangers of taking matters into one’s own hands, saying the law provides procedures for lodging grievances, but warns that resorting to vigilantism leads to legal trouble.

“We urge them to say, look, if you have got the concerns, please raise your concerns within the confines of the law to avoid finding yourself in trouble.”

Legal experts say South Africa’s Constitution (Section 27) and the National Health Act enshrine the right of all persons within the country to access healthcare, whether or not they are citizens or have legal documentation.

Operation Dudula, a movement founded in Gauteng in 2021, claims it seeks to protect public services from what it perceives as abusive use by undocumented migrants. But its tactics have often been challenged in court for violating constitutional rights. In a recent case in the Gauteng High Court, civil society organisations argued that the government has failed to act decisively, and that interdicts against unlawful conduct by Operation Dudula have not been effectively enforced.

After the Alexandra incident, Operation Dudula’s leadership, including its leader Zandile Dabula, has reportedly stated it will permit investigations to run their course before making substantive public comments. Gauteng police confirmed that an inquiry docket has been opened at Alexandra Police Station, which will be referred to the National Prosecuting Authority for decision.

Human rights organisations and opposition parties say this tragic death underlines persistent failings: lack of adequate oversight of clinics, insufficient enforcement of the law against xenophobic conduct, and a need for clear accountability when constitutional rights are violated.

The Health Department says it has instructed hospital and clinic managers that any time protesters block access to facilities, the police must be called to enforce the law. The Department further notes that Minister Aaron Motsoaledi has met with Operation Dudula to listen to their concerns, explained which legislation governs healthcare access, and urged them to raise genuine grievances through lawful channels.

Listen to the full interview on Sabaahul Muslim with Moulana Sulaimaan Ravat.