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Mail & Guardian
15-07-2025
- Health
- Mail & Guardian
ActionSA pushes for constitutional change as Operation Dudula targets migrants at clinics
Operation Dudula preventing foreigners from using South African health faacilities. (Delwyn Verasamy/M&G) ActionSA parliamentary chief whip Lerato Ngobeni said the party had tabled constitutional amendment proposals in May, arguing that the public health system was 'buckling' under the pressure of providing free care to non-citizens. Ngobeni claimed that some clinics reported that up to 70% of patients seeking services were foreign nationals and this had led to South Africans being 'crowded out' of already overstretched facilities. 'South Africa is expected to carry this burden indefinitely, when other countries do not even allow entry without proof of medical insurance,' she said in a recent statement. The The commission voiced alarm about reports of intimidation by Operation Dudula at health facilities in Hillbrow and Rosettenville in Johannesburg. They demanded documentation at clinic entrances and turned away people without documents. In some cases, they inspected patient clinic cards and threatened hospital staff. 'The commission would like to remind members of the public and civic groups that access to healthcare is central to the right to dignity, the right to life, and the right to equality. The denial of healthcare on discriminatory grounds undermines the constitutional promise of a just, inclusive and caring society,' the SAHRC said. It cautioned citizens against taking the law into their own hands and making it difficult for people to get medical care because of their nationality. '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 power to inspect, arrest or detain undocumented people lies solely with the department of home affairs, supported by the South African Police Service when lawfully required, the commission said. Operation Dudula, now a registered political party, has said its actions are 'community interventions'. National organiser Zandile Dabula told public broadcaster SABC last week that migrants should only receive emergency care 'after they are arrested for violating immigration laws'. In an interview with the Mail & Guardian , she denied that Operation Dudula's Legal experts have said such actions could constitute violations of the Constitution and the National Health Act, which does not permit discrimination based on nationality or legal status. International human rights frameworks, including the United Nations Refugee Convention and the African Charter on Human and Peoples' Rights, also obligate South Africa to provide basic healthcare to all people in its borders. Pierre de Vos, a constitutional law expert at the University of Cape Town, has previously argued that section 27's language is unambiguous and applies to all people, not just citizens. He said that amending this section would require a two-thirds majority in the National Assembly and approval from at least six provinces in the National Council of Provinces. In Gauteng and KwaZulu-Natal, nurses and doctors have raised concerns about staff shortages, long queues and under-resourced clinics. The department of health has not endorsed ActionSA's stance, but it has acknowledged systemic pressure driven by increased demand, insufficient infrastructure and budget constraints. It says undocumented migrants can get primary care services, with more restricted access to specialised care. Civil society organisations, including Kopanang Africa Against Xenophobia and Section27, have called for urgent intervention to halt Operation Dudula-led disruptions at clinics. Legal proceedings have been launched in the Johannesburg high court seeking interdicts against the party's actions, with judgments expected later this year. As the 2026 local government The party argues that South Africa must 'rebalance' its humanitarian commitments with resource constraints, but critics warn that such rhetoric risks fuelling xenophobic violence.

The Herald
03-07-2025
- Health
- The Herald
Should the constitution be amended to deny illegal foreigners access to public health care?
The South African Human Rights Commission (SAHRC) has received backlash after raising concerns over the growing trend of illegal foreigners being denied access to public health-care services. The SAHRC said all South Africans, including documented and undocumented migrants, have a right to access health-care facilities, citing section 27(1) of the constitution, which states that: 'Everyone has the right to have access to health-care services, including reproductive health care.' The commission emphasised denying foreigners access to clinics and hospitals is unlawful and unethical, despite challenges faced by the public health system. This sparked outrage among social media users. ActionSA condemned the 'abuse' of South Africa's public health-care system by illegal foreigners, citing stricter laws in other countries that require proof of medical insurance before entering. It said the constitution must be rebalanced to put South Africans first while honouring basic humanitarian obligations in a lawful manner. 'It is unconscionable that a public clinic in Johannesburg can report that more than 70% of its patient records belong to foreign nationals,' ActionSA MP Lerato Ngobeni said. 'South Africa's constitution must reflect the reality of our limited capacity and place the wellbeing of its citizens at the centre.'

TimesLIVE
03-07-2025
- Health
- TimesLIVE
Should the constitution be amended to deny illegal foreigners access to public health care?
The South African Human Rights Commission (SAHRC) has received backlash after raising concerns over the growing trend of illegal foreigners being denied access to public health-care services. The SAHRC said all South Africans, including documented and undocumented migrants, have a right to access health-care facilities, citing section 27(1) of the constitution, which states that: 'Everyone has the right to have access to health-care services, including reproductive health care.' The commission emphasised denying foreigners access to clinics and hospitals is unlawful and unethical, despite challenges faced by the public health system. This sparked outrage among social media users. ActionSA condemned the 'abuse' of South Africa's public health-care system by illegal foreigners, citing stricter laws in other countries that require proof of medical insurance before entering. It said the constitution must be rebalanced to put South Africans first while honouring basic humanitarian obligations in a lawful manner. 'It is unconscionable that a public clinic in Johannesburg can report that more than 70% of its patient records belong to foreign nationals,' ActionSA MP Lerato Ngobeni said. 'South Africa's constitution must reflect the reality of our limited capacity and place the wellbeing of its citizens at the centre.'

IOL News
03-07-2025
- Health
- IOL News
ActionSA criticizes SAHRC for supporting undocumented migrants' right to public healthcare
ActionSA has hit back at the South African Human Rights Commission (SAHRC) after the organisation clarified that everyone, including undocumented immigrants, may access the country's healthcare facilities. The party claimed that there is 'abuse' of the nation's public healthcare system by undocumented foreign nationals. In a statement issued on Wednesday, ActionSA Parliamentary Chief Whip Lerato Ngobeni accused the government of enabling an unsustainable burden on healthcare facilities by allowing undocumented migrants to access services without restriction. Ngobeni argued that the 'misapplication' of Section 27 of the Constitution has overwhelmed clinics and hospitals, placing the well-being of South African citizens at risk. "It is unconscionable that a public clinic in Johannesburg can report that over 70% of its patient records belong to foreign nationals. No South African can enter another country legally without proof of medical insurance, yet here we are expected to carry this burden indefinitely," Ngobeni said. ActionSA has proposed a suite of constitutional amendments aimed at restricting access to healthcare for undocumented migrants.