JOHANNESBURG – The South African Human Rights Commission (SAHRC) has raised concerns over reports that foreign nationals are being denied medical treatment at public health facilities based on their nationality.
Speaking on Wednesday, Commissioner Sandra Makoasha said the Commission has received a rise in complaints about access to healthcare and found the conduct to be unlawful and in violation of both domestic and international human rights obligations. She said South Africans must not take the law into their own hands by refusing healthcare to those seen as “outsiders.”
The SAHRC’s statement comes in response to ongoing debates and proposals by political parties, such as ActionSA, which seek to amend section 27 of the Constitution. That section guarantees everyone within South Africa’s borders the right to healthcare.
Makoasha argued that amending the Constitution would not solve the systemic issues that continue to plague the country’s public health sector. These include aging infrastructure, staff shortages, and the lack of medicine in many clinics and hospitals. She added that scapegoating foreign nationals will not ease pressure on the system and that the Constitution was built on values such as dignity and Ubuntu, which must guide how healthcare is delivered.
More than 185,000 people had applied pressure to government services by calling for limits to undocumented migrants’ access to public healthcare. A public poll aired on South African television showed 88% of respondents believe foreign nationals’ countries of origin should cover their healthcare costs, while only 1% supported continuing to provide free emergency care in South Africa.
Makoasha responded by saying discussions on cost responsibility should happen at regional level between South Africa and affected neighbouring states, but that denying care to vulnerable individuals—especially children—was not the answer.
The Commission confirmed it has joined legal proceedings against Operation Dudula, initiated by the civil society group Kopanang Africa Against Xenophobia. SAHRC has also been monitoring healthcare facilities across the country and continues to engage provincial health departments on long-standing service delivery problems.
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