ActionSA criticizes SAHRC for supporting undocumented migrants’ right to public healthcare
Healthcare rights in South Africa: ActionSA's controversial proposals.
Image: Julio César Velásquez Mejía/Pixabay
ActionSA has hit back at the South African Human Rights Commission (SAHRC) after the organisation clarified that everyone, including undocumented immigrants, may access the country's healthcare facilities.
The party claimed that there is 'abuse' of the nation's public healthcare system by undocumented foreign nationals.
In a statement issued on Wednesday, ActionSA Parliamentary Chief Whip Lerato Ngobeni accused the government of enabling an unsustainable burden on healthcare facilities by allowing undocumented migrants to access services without restriction.
Ngobeni argued that the 'misapplication' of Section 27 of the Constitution has overwhelmed clinics and hospitals, placing the well-being of South African citizens at risk.
"It is unconscionable that a public clinic in Johannesburg can report that over 70% of its patient records belong to foreign nationals. No South African can enter another country legally without proof of medical insurance, yet here we are expected to carry this burden indefinitely," Ngobeni said.
ActionSA has proposed a suite of constitutional amendments aimed at restricting access to healthcare for undocumented migrants.
In a pointed contrast, the SAHRC released an advisory on the same day reminding healthcare providers that the right to access healthcare in South Africa applies to everyone within the country's borders, regardless of nationality or legal status.
"Everyone has the right to have access to healthcare services, including reproductive healthcare." The SAHRC stressed that this includes citizens, refugees, asylum seekers, documented and undocumented migrants, stateless persons, children, and vulnerable populations.
"The Constitution does not qualify or limit this right based on immigration status or citizenship," the SAHRC stated.
The advisory further warned that the denial of healthcare on discriminatory grounds is unlawful, unethical and inconsistent with South Africa's obligations under domestic and international human rights law.
The Commission also expressed alarm over reports of healthcare facilities refusing treatment to patients due to nationality, and over incidents of vigilante enforcement by members of the public or civic groups. "The power to inspect, arrest, or detain undocumented persons lies solely with the Department of Home Affairs," the SAHRC cautioned.
While acknowledging the severe strains faced by the healthcare sector, including staffing shortages and limited bed space, the Commission emphasised that solutions must not undermine constitutional rights.
ActionSA maintains that its proposed amendments are necessary to 'rebalance' healthcare access and prioritise citizens.
The SAHRC, however, has urged all healthcare providers to uphold their constitutional obligations and to treat patients with "humanity and impartiality."
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