The South African Human Rights Commission (SAHRC) has issued a subpoena compelling the Head of Department (HOD) of the Eastern Cape Department of Health, Dr Rolene Wagner, to appear before the Commission over widespread failures in public healthcare services in the province.
The subpoena was issued by the Commission’s Eastern Cape Provincial Office following a growing number of complaints from communities across the province regarding deteriorating conditions at state healthcare facilities.
According to the SAHRC, the subpoena forms part of an ongoing investigation into systemic problems affecting both rural and urban healthcare facilities in the Eastern Cape. The Commission says the complaints point to recurring and widespread challenges that are undermining the constitutional rights of residents who depend on the public health system.
Among the issues raised by complainants are unsafe and dilapidated infrastructure, severe shortages of healthcare professionals, limited access to essential medicines and treatment, and prolonged water shortages at healthcare facilities.
Other concerns include the sudden closure of clinics without alternative arrangements for patients and allegations of procedural unfairness that disproportionately affect vulnerable groups such as the elderly, people living with chronic illnesses and residents of remote communities.
The Commission said these problems raise serious questions about whether several fundamental rights guaranteed in the Constitution are being adequately protected. These include the right to access healthcare services, as well as the rights to dignity, life, equality and freedom and security of the person.
The subpoena has been issued under the powers granted to the SAHRC in terms of the South African Human Rights Commission Act 40 of 2013, which allows the Commission to summon individuals to provide evidence or information during investigations into possible human rights violations.
The Commission said it had previously attempted to engage the provincial health department through formal correspondence requesting information, explanations and details of corrective measures to address the reported failures.
However, the SAHRC indicated that the responses received from the department did not sufficiently address the concerns raised by complainants or provide adequate clarity on the steps being taken to resolve the problems.
As a result, the Commission said it had been left with no option but to invoke its subpoena powers in order to secure accountability and obtain detailed explanations directly from the department’s leadership.
Dr Wagner has been directed to provide both written and oral responses addressing the concerns raised by the Commission, including the measures being implemented to remedy the problems and prevent similar failures from recurring.
The subpoena hearing is scheduled to take place on Tuesday at the SAHRC’s Eastern Cape offices in East London.
During the session, the Commission is expected to question the department on the extent of the challenges affecting healthcare facilities in the province, the impact on patients, and the plans in place to stabilise service delivery.
The SAHRC warned that failure to comply with the subpoena without just cause would constitute an offence under the Act and could result in fines or imprisonment.
The Commission emphasised that it would continue to exercise its constitutional mandate to monitor and assess the observance of human rights in South Africa, particularly in cases where failures in public service delivery threaten the well-being and dignity of communities.
The outcome of the hearing is expected to determine what further action the Commission may take to address the ongoing healthcare crisis affecting thousands of residents across the Eastern Cape.
