THE question of who has the right to access public healthcare services in South Africa, specifically whether foreign nationals can use them, has been raised by the actions of some groups that physically prevented foreign nationals from accessing healthcare facilities across the country.

Incidents of foreign nationals being prevented from accessing public healthcare facilities by these groups have been reported from across the country, and on Tuesday the Addington Hospital Gateway Clinic was one such site where the March and March movement carried out its campaign of turning away foreign nationals from the facility.

Also read: ‘South Africans first’: March and March blocks access to Addington Clinic, checks IDs at gate

Different organisations and institutions, including non-government bodies, have throughout the years indicated that, according to the South African Constitution, everyone has the right to have access to public healthcare services.

Chapter 2: Bill of Rights, Section 27 of the Constitution reads:

(1) Everyone has the right to have access to —

(a) health care services, including reproductive health care;

(3) No one may be refused emergency medical treatment.

In its educational booklet on migration and non-nationals, the South African Human Rights Commission states that: “Access to public health care facilities is another challenge that non-nationals encounter, mainly due to a lack of awareness on the part of some frontline health care staff. Section 27 of the Constitution entitles everyone to access basic health care services and no one may be denied emergency medical treatment. This means even undocumented migrants may not be refused emergency medical treatment on the basis of their lack of documentation; but they may be held liable to pay fees for any other health services. The National Health Act, 61 of 2003 provides that children below the age of six and pregnant or lactating women can access free health care services, irrespective of their documentation status or nationality. The right to health care can, however, be limited for everyone, depending on the availability of resources.”

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