EFF Gauteng has launched a criminal case against Operation Dudula, following the tragic death of a one-year-old baby. According to the party, the child died after being denied urgent medical care at a public clinic in Alexandra, Johannesburg.
The child’s mother, Grace Banda, a Malawian national, claims she was blocked from entering the Alexandra Community Health Centre in July. She alleges that members of Operation Dudula demanded a South African ID before she could access care for her sick baby.
EFF Gauteng Chairperson Nkululeko Dunga described the incident as a deliberate act that led to the child’s death. He led supporters to the Alexandra Police Station, where a case of murder was opened.
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EFF Gauteng Takes Legal Action Against Operation Dudula: What We Know
The legal action was confirmed by Gauteng police spokesperson Lieutenant Colonel Mavela Masondo. He stated:
“Police have opened an inquiry docket for investigation. Once complete, the docket will be taken to the National Prosecuting Authority (NPA) for a decision.”
The EFF insists the child’s death is not a result of neglect alone but a wilful act. According to Dunga:
“If someone dies because they were denied urgent care, that is murder. They eliminated a life.”
The mother, who is reportedly traumatised, now lives in fear. The case has raised renewed concerns about xenophobia and healthcare access in Gauteng.
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How Operation Dudula Interferes with Public Healthcare Access
This case is not isolated. GroundUp has previously reported that Operation Dudula members routinely block foreign nationals from accessing public clinics in Johannesburg.
In July, journalists found that at several clinics, including Jeppe, Hillbrow, and Bez Valley, non-citizens were turned away or delayed at entrances by self-proclaimed community members.
A 2023 Gauteng High Court ruling ordered that all pregnant women and children under six, regardless of nationality, must receive free healthcare services. Clinics were instructed to display notices confirming this right, but many have failed to comply.
Constitution and Legal Experts Condemn the Denial of Care
Legal experts have criticised the denial of care to non-citizens. Prof. Pierre de Vos, a constitutional law scholar, argues that:
“Section 27 of the Constitution guarantees the right to healthcare services to everyone—this includes undocumented migrants.”
The denial of treatment, especially to a child, may violate both the Constitution and the National Health Act. Organisations such as the Socio-Economic Rights Institute (SERI) and Kopanang Africa Against Xenophobia (KAAX) are already pursuing legal action against similar incidents.
Operation Dudula Responds to EFF Gauteng’s Accusations
Zandile Dabula, a leader in Operation Dudula, denies that the group seeks to deny healthcare outright. She claims:
“We are not saying migrants should not get treatment. We’re saying they must pay, or go to private hospitals.”
Despite these claims, public healthcare in South Africa is designed to serve all, particularly children and vulnerable groups. Denying healthcare access at the point of need contradicts both policy and human rights obligations.
Public Outrage and Broader Implications
This incident has triggered widespread condemnation on social media and from civil society. Many South Africans are shocked that a child may have died due to identity-based discrimination at a public facility.
The case also highlights growing xenophobic sentiment in some communities. While some groups argue for stricter immigration control, others warn against scapegoating migrants for failures in service delivery.
What Happens Next?
The investigation is ongoing. If the NPA decides to prosecute, the case may become a landmark in holding non-state actors accountable for interfering with public services.
The EFF has vowed to monitor the process closely. Civil society organisations are also calling for urgent reforms, including:
- Better enforcement of healthcare rights
- Security at clinics
- Public education on legal obligations
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The EFF Gauteng Takes Legal Action Against Operation Dudula, not only highlights a tragic death but also raises serious questions about healthcare access, xenophobia, and legal accountability in South Africa.
This case could set a precedent and force a national conversation on how communities treat foreign nationals, especially children seeking essential care.
