ActionSA has launched a scathing critique against the South African Human Rights Commission (SAHRC), accusing it of hypocrisy and “weaponising the constitution” by advocating for undocumented foreign nationals to receive healthcare while allegedly neglecting South African citizens, such as the victims of the 2016 Lily Mine disaster.
The party’s parliamentary chief whip, Lerato Ngobeni, argued that the SAHRC’s stance on healthcare access for undocumented migrants normalizes “the abnormal” and places an unsustainable burden on South Africa’s already strained public health system.
“We Cannot Normalise the Abnormal”
In an interview, Ngobeni emphasized that while ActionSA supports human rights, the country’s healthcare system is being “overrun” by undocumented individuals, many of whom allegedly exploit the system by collecting medication only to resell it abroad.
“Our hospitals are under immense pressure,” Ngobeni stated. “You cannot take on more than you can handle. We must prioritize South Africans first.”
She further criticized the SAHRC for remaining silent on issues affecting citizens, such as the unresolved Lily Mine tragedy, where three workers remain trapped underground since 2016, with their families still demanding justice.
Constitutional “Abuse” vs. Misapplication
Ngobeni argued that Section 27 of the Constitution—which guarantees the right to healthcare—is being “abused” rather than misapplied. She called for stricter documentation requirements before non-citizens can access medical services, suggesting that undocumented individuals should be referred to Home Affairs for legal processing.
However, she clarified that ActionSA does not support denying emergency medical care, stressing that the Hippocratic Oath must still be respected. Instead, the party advocates for systemic reforms to prevent abuse and ensure that South Africa’s limited resources are allocated fairly.
Growing Tensions Over Immigration and Healthcare
The debate comes amid rising public frustration over immigration policies and resource allocation. Ngobeni warned that if the state fails to act, citizens may take matters into their own hands—a scenario ActionSA seeks to avoid.
“We cannot have citizens blocking access to healthcare because the government is failing them,” she said. “But if we don’t address this, the situation will spiral out of control.”
Calls for Constitutional Review
ActionSA has submitted proposals for a constitutional review, arguing that the document must evolve to reflect current economic realities. Ngobeni insisted that while South Africa should assist vulnerable migrants, its primary obligation is to its own citizens.
The SAHRC has yet to respond publicly to ActionSA’s accusations. Meanwhile, the discussion continues to fuel national debate over immigration, healthcare rights, and constitutional obligations in a country grappling with service delivery challenges.
Final Thought
As pressure mounts on South Africa’s public services, ActionSA’s challenge to the SAHRC underscores a deepening divide over how rights should be balanced between citizens and non-citizens—an issue that may dominate political discourse in the coming months.