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 healthcare 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 healthcare 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.
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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 healthcare through appropriate departments or by lodging formal grievances with the Commission.
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Healthcare eligibility in South Africa
According to the SAHRC, access to healthcare 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 healthcare facilities are already under strain due to shortages in staff and resources, but discrimination is not a lawful response.
“Healthcare 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.
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