The national Department of Health has expressed concern over several vigilante groups intercepting foreign nationals, blocking them from accessing healthcare at public facilities.
In an interview with , spokesperson for the Department of Health, Foster Mohale said while the department does not condone illegal migration, the actions of the activist groups are concerning.
“We have noted with concern illegal actions around some parts of Gauteng and KwaZulu-Natal, in which individuals and organised groups prevent healthcare users, especially illegal migrants from accessing health services,” said Mohale.
“We also condemn people who illegally cross the border into South Africa specifically to access healthcare services.
“We urge those with concerns about this societal problem to raise them within the confines of the law instead of taking the law into their own hands because you cannot solve crime through illegal activities which may end you in jail,” Mohale told .
Regarding the legal position of immigrants accessing healthcare in South Africa, Mohale said there are different legal frameworks relied on.
“This is not only a violation of constitutional rights, especially Section 27, but also a number of legal prescripts, the National Health Act, the Refugee Act, Immigration Act. Section 27 of the South African Constitution guarantees that everyone has the right to access healthcare services, including reproductive healthcare, and that no one may be refused emergency medical treatment.
“The National Health Act ensures access to primary healthcare services for all individuals in South Africa, regardless of immigration status. The Refugees Act protects the rights of refugees and asylum seekers to healthcare services, and prohibits denial of emergency medical care.
On the Immigration Act, while healthcare facilities are permitted to inquire about legal status, this should not hinder the provision of necessary care, especially in emergencies,” he said.
Mohale said law enforcement agencies must act against anyone committing illegal actions.
“We are calling on law enforcement agencies to take firm action against those who interfere with access to healthcare and unlawfully obstruct our institutions,” said Mohale.
“We also call upon all residents to remain law-abiding and to express their concerns using the appropriate channels provided under our legal and democratic system.
“South Africa is a democratic state governed by laws which must be respected by all,” he said.
In 2022, reported that chaos erupted outside Kalafong Provincial Tertiary Hospital in Tshwane when police fired rubber bullets and stun grenades, intervening in violent clashes between groups from the Economic Freedom Fighters and Operation Dudula.
The two groups were feuding over whether undocumented foreigners should be able to access medical services at the hospital.
Violent scenes of members of the two groups throwing stones and empty bottles at each other played out at the time then health minister, Dr Joe Phaahla, visited the facility to inspect the impact of the anti-foreigner protests on hospital operations.
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