The Department of Health has condemned the actions of groups blocking access to health care facilities to deny treatment to patients who are undocumented foreign nationals.
There has been a reported increase in such actions, which are being justified as efforts to ease pressure on the burdened health care system.
Department of Health Spokesperson Foster Mohale says, “We’ve noted the actions by individuals and organised groups who visit our health facilities, demanding to see the documentation of all our health care users, especially people who are undocumented.
We understand the concerns, but we don’t agree with the approach in which they are conducting this. We still believe that this can be addressed through legal means. This is not only a violation of constitutional rights, especially Section 27, but also a number of legal prescripts, the National Health Act, the Refugee Act, immigration act. So, these illegal actions, we condemn them in the strongest possible terms,” Mohale explains.
‘Unethical and unlawful’
Meanwhile, the Human Rights Commission says such practices are not only unethical and unlawful but also inconsistent with South Africa’s obligations under both domestic and international human rights law.
Human Rights Commissioner Sandra Makoasha says, “The Constitution provides all those who are within the Republic of South Africa with access to healthcare, including emergency healthcare. Therefore, the treatment of foreigners, whether documented or undocumented, by preventing them from accessing healthcare services is unconstitutional and violates not only the Constitution and other laws in South Africa. Furthermore, South Africa has international obligations in respect of providing access to healthcare to all within its borders.”
Media Advisory: Who is entitled to access to healthcare in South Africa? pic.twitter.com/KwzVw7S78X
— SAHRCommission (@SAHRCommission) July 2, 2025
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