No Papers, No Treatment? SAHRC Calls Out Hospitals Denying Undocumented Migrants Care

Constitutional rights, compassion, and crumbling systems collide in SA’s healthcare debate

In the middle of South Africa’s ongoing public healthcare crisis, a quieter emergency is unfolding and it’s not about broken equipment or understaffed wards. The South African Human Rights Commission (SAHRC) is raising the alarm over what it calls an unlawful and growing trend: undocumented foreign nationals being turned away at clinics and hospitals.

From Johannesburg to Musina, social media has been buzzing with stories, real or rumoured of women in labour, children needing stitches, and even elderly patients being denied care because they couldn’t produce the “right papers.” But is this legal? Is it ethical? And what’s really going on?

What the Constitution Actually Says

According to Section 27(1) of the Constitution, everyone in South Africa has the right to access healthcare services and that means everyone. Citizens, refugees, asylum seekers, undocumented migrants, stateless persons, children, and even prisoners. No exceptions.

And when it comes to emergencies? Section 27(3) couldn’t be clearer: “No one may be refused emergency medical treatment.”

In short: a bleeding person cannot be turned away, regardless of nationality, accent, or ID status.

Who’s Enforcing This Discrimination?

The SAHRC says it’s deeply concerned by the spike in complaints. But it’s also noticed something else, a worrying trend of ordinary citizens, civil groups, and even hospital staff taking it upon themselves to act as border control.

“No civic group or individual has the legal authority to control access to healthcare or enforce immigration laws,” the commission said. That power, legally, rests with the Department of Home Affairs and the SAPS and even then, not inside an emergency room.

Why Is This Happening Now?

The truth is more complicated than xenophobia alone. Public hospitals are overwhelmed. Beds are full. Nurses are burnt out. Medicines run out. And in this pressure cooker environment, some healthcare workers are reportedly making quick decisions on who to prioritise, sometimes unfairly, sometimes illegally.

But critics say the danger is that foreign nationals become the scapegoats for a system under immense pressure.

The SAHRC agrees, warning that poor management, long queues, staff shortages, and failing infrastructure are the real crisis, not migrants needing help.

What Doctors Are Actually Trained To Do

South African doctors and nurses take ethical oaths, oaths that are meant to transcend politics, borders, and budgets. Denying care based on nationality or documentation violates these ethical obligations, says the SAHRC.

In their own words: “Healthcare professionals must treat all patients with humanity and impartiality.”

What Can You Do If You’re Turned Away?

If you, or someone you know, is denied healthcare due to immigration status, the SAHRC wants to hear about it. Complaints can be lodged directly with the Commission. Alternatively, contact the National Department of Health or local health MECs.

The SAHRC also calls on communities to report any illegal refusals of care and to demand accountability from health departments.

More Than a Legal Issue, It’s a Moral One

In a country still grappling with inequality and the legacy of apartheid, access to healthcare remains a frontline for justice. The SAHRC’s message is simple: South Africa’s democracy means nothing if human dignity is denied at the hospital gate.

So whether you were born in Polokwane or Kinshasa, your life matters and the law agrees.

If you’re unsure about your rights or need to report a healthcare violation, contact the SAHRC at 0800 011 011 or visit www.sahrc.org.za.

{Source: IOL}

Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com