SAHRC concerned as foreigners get denied healthcare
The South African Human Rights Commission says this violates the Constitution, which guarantees the right to healthcare for everyone within the country's borders.
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The Citizen
15 hours ago
- The Citizen
SAHRC warns against blocking health care access to foreigners
SAHRC says denying access to health services based on nationality is unlawful. The South African Human Rights Commission (SAHRC) has issued a strong warning to individuals and groups obstructing access to health care for non-nationals. It said such actions violate the constitution of South Africa and could lead to legal consequences. Earlier this week, the commission reaffirmed that 'everyone has the right to have access to health care services' as enshrined in section 27(1) of the constitution. On Friday, the March and March group movement, focused on forcing the government to remove undocumented foreigners from the country, is at Addington Hospital. The group is denying access to anyone without citizenship or legal asylum seeker papers 'Protest is not xenophobic' Speaking to eNCA, March and March chairperson Teresa Nokele confirmed that her group was stopping people outside the hospital. 'We do give them entrance when it's severe,' she said. 'But if you're just coming for a headache or basic meds, sorry, we're not going to allow that.' She insisted the movement is peaceful and denied that the protest was xenophobic. However, she admitted to exercising 'discretion' based on whether patients could speak English and whether they appeared 'really in need'. 'If you cannot speak English, we're not going to deny that fact… But we use our own discretion,' she said. ALSO READ: Home Affairs launches Operation New Broom to tackle illegal immigration No one may act as gatekeeper to clinics The commission stressed that the constitution does not qualify or limit this right based on immigration status or citizenship. 'Furthermore, in accordance with section 27(3), no one may be refused emergency medical treatment,' it said. The commission expressed concern over growing reports of foreign nationals. This includes undocumented migrants and refugees being denied treatment at public healthcare facilities or being blocked from entering by individuals claiming to enforce immigration laws. 'It is important to note that no civic group or individual has the legal authority to control access to public health facilities or to enforce immigration laws,' the statement read. 'Only the department of home affairs, with the support of Saps, has such authority.' The SAHRC urged law enforcement agencies to monitor the situation closely and prevent tensions from escalating into violence. It also encouraged frustrated members of the public to channel complaints about access to health care through appropriate departments or by lodging formal grievances with the commission. ALSO READ: Tip-off leads police to at least 90 illegal foreigners in abandoned Houghton property Health care eligibility in South Africa According to the SAHRC, access to health care is guaranteed to a broad group of people, including: South African citizens Refugees and asylum seekers Documented and undocumented migrants Stateless persons and children People in detention and vulnerable populations The commission highlighted that many health care facilities are already under strain due to shortages of staff and resources, but discrimination is not a lawful response. 'Health care professionals have an ethical duty to treat all patients with humanity and impartiality,' the SAHRC said. The commission reaffirmed its commitment to engaging with health authorities to address systemic challenges while upholding the rights of all individuals in South Africa. 'Manning hospital entrances and blocking people based on nationality is a violation of human rights,' the SAHRC warned. NOW READ: WATCH: Kenny Kunene closes crèche, says homeless foreigners destroying bridge in Joburg CBD
eNCA
a day ago
- eNCA
SAHRC concerned as foreigners get denied healthcare
JOHANNESBURG - A new form of xenophobia over access to public healthcare has led to reports of foreign nationals being chased away from clinics and hospitals. The South African Human Rights Commission says this violates the Constitution, which guarantees the right to healthcare for everyone within the country's borders.
IOL News
a day ago
- IOL News
Operation Dudula's campaign against immigrants raises healthcare access concerns
In a controversial move that has sparked outrage and concern, the Operation Dudula Movement, led by Zandile Dabula, is intensifying its campaign against undocumented foreign nationals across South Africa. Image: Henk Kruger / Independent Newspapers With scores of undocumented foreign nationals currently being turned away at Addington Hospital in Durban and other health facilities in parts of the country this week, the leader of the Operation Dudula Movement, Zandile Dabula, has vowed to continue the movement's anti-foreigner healthcare campaign across the country. Eric Jean Butoki, who represents the Southern Africa Refugee Organisations Forum (SAROF), slammed the countrywide campaign, saying it is putting the lives of refugees, asylum seekers, and foreign nationals at risk. This comes as more than 50 patients, believed to be undocumented foreign nationals, have allegedly been turned away at Durban's biggest hospital since the start of the campaign outside Addington Hospital on Tuesday. "We are concerned about this operation, which has prevented foreign nationals, including asylum seekers and genuine refugees, from accessing medical help. Some of these people are on chronic medication and have made appointments to be treated on the scheduled dates. For us, we are disappointed by this Operation Dudula-sponsored campaign. As a result, Butoki has called on the government to establish permanent refugee camps to help resolve the matter. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Advertisement Next Stay Close ✕ Ad Loading In various videos circulated on social media over the past week, scores of immigrants seeking medical attention have been turned away, resulting in the South African Human Rights Commission issuing a statement stating that the South African Constitution allows foreigners, including asylum seekers and refugees, the same rights to healthcare as South African citizens. "The South African Human Rights Commission (SAHRC) reminds the public and all relevant stakeholders that the right to access to healthcare services in South Africa is a universal right afforded to anyone within the Republic of South Africa," the commission said. Citing Section 27 (1) of the SA Constitution 1996, the commission indicated that South Africa has a provision to give healthcare access to South African citizens, refugees and asylum seekers, documented and undocumented foreign nationals, including stateless persons. "The Constitution does not qualify or limit this right based on immigration status or citizenship. Furthermore, under Section 27(3), no one may be refused emergency medical treatment. This provision ensures that emergency healthcare must be provided unconditionally by both the public and the private healthcare facilities," it said. Responding to this statement, Dabula said: "We will not be bullied by the likes of the SAHRC, because firstly, they are advocating for people who are in this country illegally. When you come to this country, you must be properly documented, and if you are documented, then you need to have certain permits. For those who are here to work, they must have a work permit, and those permits must come together with medical insurance, but they do not do that. Even Section 17 of the Constitution says that." As a result, Dabula said South Africa cannot be expected to shoulder immigrants who do not have respect for the country's laws, which is why the ongoing campaign will be intensified. "We have always said life comes first, and we will not turn away someone we can see that they require emergency medical care and might lose their lives in the process. However, what needs to happen is that they need to be arrested for being here in this country, illegally, then they can access treatment," she added. ActionSA has also weighed in on the ongoing campaign, saying the SAHRC statement is promoting the abuse of South Africa's resources through the misapplication of Section 27 of the Constitution, which is why the party has recently called for the amendment of the Constitution. Reacting to the stand-off between Operation Dudula and the SAHRC, Dr Shadi Ganoe from the Wits School of Law, indicated that while students and other migrants are required to provide their medical care insurance, the Constitution insists that no one should be refused healthcare based on their citizenship. "For example, in terms of the Immigration Amendment Act 19 of 2004, any prospective international student must have medical cover with a medical scheme registered under the Medical Schemes Act 131 of 1998. This ensures that foreign students do not rely on public health services and can access private care. "This requirement is part of the visa process and is strictly enforced. This makes foreign students and other documented long-term visa holders easy to track and regulate health care costs. They are expected to carry the burden of their own medical needs, unlike undocumented persons or asylum seekers, who may have no formal coverage at all. Still, South Africa's Constitution remains firm: Section 27(3) says, 'No one may be refused emergency medical treatment.' This applies to everyone, citizen or not, documented or not," she said.
