ActionSA targets migrants

The Constitution, the National Health Act, the UN Refugee Convention and the African Charter on peoples' rights obligate South Africa to provide basic healthcare to all people in its borders

- Mandisa Nyathi

ActionSA has reiterated its calls to amend section 27 of the Constitution to curb access to public healthcare for undocumented foreign nationals, amid Operation Dudula’s crackdown at public clinics which human rights watchdogs have criticised for constitutional violations.

ActionSA parliamentary chief whip Lerato Ngobeni said the party had tabled constitutional amendment proposals in May, arguing that the public health system was “buckling” under the pressure of providing free care to non-citizens.

Ngobeni claimed that some clinics reported that up to 70% of patients seeking services were foreign nationals and this had led to South Africans being “crowded out” of already overstretched facilities.

“South Africa is expected to carry this burden indefinitely, when other countries do not even allow entry without proof of medical insurance,” she said in a recent statement.

The Human Rights Commission said blocking people from receiving healthcare is unconstitutional. Referencing section 27(1) of the Constitution, the commission reaffirmed that “everyone has the right to have access to healthcare services”, and noted that section 27(3) guarantees that “no one may be refused emergency medical treatment”.