SAHRC faces sharp criticism amid debates over healthcare access for foreign nationals

Anita Nkonki|Published

The South African Human Rights Commission (SAHRC) has come under fire for asserting the universality of healthcare access within the country's borders, a stance that has spurred heated debate among political parties.

In its recent communication to stakeholders, the SAHRC reaffirmed that every individual, including illegal foreign nationals, is entitled to healthcare services as enshrined in the South African Constitution.

This position, however, has led to criticism from various corners, including the political party ActionSA.

The party vehemently opposes what it terms the “abuse” of the public healthcare system by illegal foreigners, arguing that this influx strains an already overburdened system. It claims that Section 27 of the Constitution, which guarantees the right to access healthcare, has been misapplied, creating a scenario where the rights of South African citizens are compromised.

The statement also details that this misinterpretation not only places pressure on healthcare resources but also dilutes the quality of care available to law-abiding South Africans.

In May, ActionSA took a proactive step by proposing a set of constitutional amendments aimed at reforming these provisions, which they believe have been exploited to exacerbate the crisis of illegal immigration.

The party also highlights that while the intentions of the Constitution are noble, its current application leads to an untenable situation where hospitals are overwhelmed and lacking essential resources.

It further questioned why healthcare responsibilities seem to fall disproportionately on South Africa, suggesting that other nations enforce stricter regulations regarding medical insurance for incoming foreigners.

“No South African can enter another country legally without providing proof of medical insurance. This is because responsible governments do not budget to provide public services to foreign nationals without limits. Yet in South Africa, we are expected to carry this burden indefinitely,” argued ActionSA.

Adding to the chorus of criticism, local activist and politician Anele Mda voiced concerns on social media, suggesting the SAHRC's actions represent an unconstitutional infringement on South Africans' rights. 

“We definitely need to petition Parliament to address the unconstitutional infringement of SAHRC on the rights of South Africans, acting as an unrepentant demagogue to consistently use its power as a Chapter 9 institution to advance/conceal acts of criminality by foreigners,” said Mda.

The SAHRC says it is engaging with healthcare administrators and relevant departments to foster better conditions for all healthcare users. In a public statement, the SAHRC urged both the Department of Home Affairs and the South African Police Service (SAPS) to fulfil their roles diligently to prevent citizens from taking matters into their own hands.

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Saturday Star