Mapaballo Borotho
Residents of Rosettenville in the South of Johannesburg have blocked access to healthcare for migrants at the local clinic.
The demonstrators say they have grown frustrated with long queues, mostly comprising foreign nationals. They claim that these migrants are placing a strain on the clinic’s already stretched resources.
They have been standing at the clinic gates since Friday morning, demanding to see proof that patients are South African.
They believe that the local clinic is on the brink of collapse, having stretched its resources to provide free healthcare, mostly to migrants.
But what does the Constitution of South Africa say?
According to the South African Human Rights Commission, the right to have access to health care services is a basic human right guaranteed by the Constitution.
Section 27 of the Constitution provides that everyone has the right to health care services, including reproductive health care services, and that no one may be refused emergency medical treatment.
The Constitution and the National Health Act 61 of 2003 (as amended) envisage a single health system for South Africa. However, in addition to public health care, a number of private health care service providers exist in the country.
The State uses a means test to determine who qualifies for access to free medical services. In addition, the Minister of Health may, from time to time, determine who is eligible for basic health care services.
The right to health care can, however, be limited in certain instances, depending on the availability of resources. However, the right cannot be denied completely.
Meanwhile, the Forum for South Africa (FOSA) says the Human Rights Commission is failing in its arguments as it advocates for undocumented migrants to access health care services in South Africa.
The organisation says illegal foreign nationals accessing health services are not only affecting South Africans, but also affecting other documented foreign nationals.
“They burden the system while accessing medications earmarked for citizens and documented migrants,” said the organisation’s spokesperson, Tebogo Mashilompane.
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