A South Gauteng High Court judgment has ruled that the Gauteng provincial health department retains oversight for clinic access in Johannesburg even under service-level agreements with the City of Johannesburg.
In November 2025 the Treatment Action Campaign and other applicants sought an urgent order requiring the state to restore access to Yeoville and Rosettenville clinics after they were blocked to some patients between early September and early November 2025.
Judge Stuart Wilson found that the service-level agreement between the province and the City assigns day-to-day management to the City while preserving provincial oversight. He stated that the agreement embraces a role for the provincial department in stopping vigilantes from preventing patients without South African identity documents from using the clinics.
The court emphasised that all three spheres of government must cooperate under Section 27 of the Constitution to ensure reasonable access to healthcare. Part B of the case, seeking relief for facilities across Gauteng, is scheduled to return to court later in 2026.
Gauteng Department of Health spokesperson Steve Mabona said protocols exist to manage service disruptions and redirect patients when needed. Khuselwa Dyantyi of SECTION27 noted that the judgment establishes provincial accountability for such arrangements.
