Undocumented foreign nationals living in Diepsloot just outside Fourways are reportedly being denied access to local healthcare facilities as community tensions flare over strained public services.
The South African Human Rights Commission (SAHRC) released a media statement on July 3 saying that no civic group or individual has the legal authority to control access to public health facilities or to enforce immigration laws.

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This is after the trending videos of people preventing alleged undocumented foreign nationals from entering health care facilities in Gauteng for medical attention.
“The power to inspect, arrest, or detain undocumented people lies solely with the department of home affairs, supported by the police when lawfully required,” said SAHRC.
It said in the statement that all South Africans, and those who live in the country, regardless of nationality, race, gender, age, income level, or geographic location, have a right to access health-care facilities. This includes South African citizens, refugees and asylum seekers, documented and undocumented migrants, stateless people, children, people in detention, vulnerable people, such as those with disabilities, older people, and individuals living in poverty.

“The constitution does not qualify or limit this right based on immigration status or citizenship. Furthermore, in accordance with section 27(3), ‘No one may be refused emergency medical treatment’. This provision ensures that emergency health care must be provided unconditionally by both public and private health facilities.
“Access to health care is central to the right to dignity, the right to life, and the right to equality. The denial of health care on discriminatory grounds undermines the constitutional promise of a just, inclusive, and caring society.”

SAHRC acknowledged the challenges the health-care sector faces, including a shortage of staff and facilities, as well as long queues in clinics and hospitals. “Manning of clinics and hospital entrances, citing challenges with accessing health-care services, is a violation of human rights.”
The SAHRC called on health-care professionals to uphold their ethical duties and treat everyone with humility.
Willie Matjie, a local resident, says he supports foreign nationals being turned away. “We are the ones who vote, pay taxes, and still have to stand in long queues. It’s not fair. Let them go to their own countries for healthcare.”

Matjie said he has travelled many African countries and has paid for everything he needs as he didn’t have the same luxury that foreign nationals have in South Africa. “We know that some of them come into the country solely to access healthcare facilities and collect medication, which they then take back and sell in their home countries.”
Matjie said there are two public healthcare facilities in Diepsloot. “These clinics are always overcrowded. We understand they are ill, but as South Africans, we need to enforce our laws. These illegal foreign nationals even call us a ‘banana republic’ because of the lack of law enforcement.”

He said this morning he passed through one of the health care facilities and saw less people. “I do believe that they got the message. It is high time that we address lawlessness. You go to a health care facility in their home countries as an illegal foreigner they don’t assist you. Instead, you get arrested.”

Martha Khambule, another resident, said she feels for them, but rules are rules. “According to my knowledge, foreign nationals are supposed to be using private health care facilities because it is the same everywhere. Already we have so many undocumented foreign nationals.”

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