The South African Human Rights Commission (SAHRC) has condemned reports of foreign nationals being denied essential medical care, calling the practice a violation of both South African and international human rights laws.
SAHRC Commissioner Sandra Makoasha emphasized that denying healthcare based on nationality is “unethical, unlawful, and unconstitutional,” warning against vigilante actions blocking access to medical services for those perceived as “outsiders.”
Constitutional Right to Healthcare
Makoasha clarified that Section 27 of the South African Constitution guarantees healthcare access to everyone within the country’s borders, regardless of nationality. She dismissed calls to amend the Constitution, arguing that doing so would harm vulnerable groups, including migrants from neighboring countries, without addressing systemic issues in the healthcare system.
“The amendment of the Constitution won’t suddenly resolve infrastructure shortages, staff vacancies, or medication shortages,” she said. “It will only exclude people who need help the most.”
Political Pushback and Public Sentiment
The statement comes amid growing political pressure, including from ActionSA, which has proposed constitutional amendments to restrict healthcare access for non-citizens. A poll cited during the discussion revealed that 88% of respondents believe the South African government (and taxpayers) should not bear the cost of healthcare for undocumented migrants, with some suggesting their home countries should foot the bill.
Makoasha acknowledged the strain on resources but stressed that denying care to children and vulnerable individuals is unacceptable. She called for regional discussions between governments to address funding responsibilities.
Systemic Issues vs. Scapegoating
The commissioner urged South Africans to focus on fixing systemic failures—such as crumbling infrastructure and understaffed facilities—rather than blaming foreign nationals. “The Constitution protects all people in South Africa, including citizens. The real issue is mismanagement, not migrants,” she said.
Legal Action and Monitoring
While the SAHRC has joined a case against Operation Dudula regarding xenophobic exclusion from healthcare, Makoasha said the commission is currently prioritizing investigations and engagement with provincial health officials to improve service delivery.
Conclusion
The debate highlights tensions between constitutional rights, public sentiment, and resource constraints. As calls for policy changes grow, the SAHRC maintains that human dignity and universal healthcare access remain non-negotiable under South African law.