No Papers, No Pills? SAHRC Slams Groups Blocking Healthcare for Foreigners

South Africa’s public health system is under immense pressure, but a troubling new trend has emerged: civic groups blocking foreign nationals from accessing healthcare. Now, the South African Human Rights Commission (SAHRC) is pushing back, warning that such actions violate the Constitution and could lead to legal consequences.

Turning Away the Sick at Hospital Gates

Recent reports reveal that members of the March and March movement have been stopping patients outside Addington Hospital in Durban, refusing entry to those who do not hold South African identity documents or recognised asylum papers.

Teresa Nokele, chairperson of the group, told eNCA that they are not xenophobic but do exercise “discretion” based on perceived need. “If you’re just coming for a headache or basic meds, sorry, we’re not going to allow that,” she said.

‘No One May Act as Gatekeeper to Clinics’

The SAHRC has made the legal position clear: everyone in South Africa, including citizens, refugees, asylum seekers, stateless persons, children, and undocumented migrants, has the right to healthcare access under Section 27 of the Constitution.

“No one may be refused emergency medical treatment,” the Commission reiterated.

It also stressed that no private individual or group has the legal authority to enforce immigration laws or determine who can enter public health facilities. That responsibility lies exclusively with Home Affairs and law enforcement.

A Dangerous Grey Area and Rising Tensions

This is not an isolated incident. Over the past year, there has been an increase in reports of foreign nationals being intimidated or blocked from healthcare facilities, often by those claiming to act on behalf of frustrated communities.

While public frustration with overburdened services is understandable, the SAHRC says discrimination is not a lawful or ethical solution.

“Health professionals have a duty to treat all patients with humanity and impartiality,” it said. “Discrimination is not a lawful or ethical response to resource shortages.”

Image 1: The South African

Legal Action Looms as Rights Clash with Anger

The SAHRC has urged law enforcement to monitor hotspots like Addington Hospital closely, warning that rising tensions could lead to violence. Members of the public have been advised to report grievances through formal channels rather than attempting vigilante enforcement.

Manning hospital doors and denying entry based on nationality is unlawful and a violation of human rights.

More Than a Legal Issue: A Test of National Values

South Africa’s public health sector is undeniably stretched. From staff shortages to overcrowding and medicine delays, the strain is real. But turning away people in need, especially the most vulnerable, undermines the country’s hard-won constitutional principles.

The SAHRC believes this moment is bigger than policy. It is about dignity, equality, and access, and how South Africans respond will define the values the country chooses to uphold.

Additional Context

Some political voices, including ActionSA, have publicly challenged the SAHRC’s stance, calling for stricter controls on public service access for undocumented migrants. The debate reflects a growing national divide on healthcare, immigration, and human rights and is likely to intensify in the months ahead.

Also read: The Job Emergency No One Can Ignore: Inside South Africa’s Deepening Unemployment Crisis

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Source: The Citizen

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