SAHRC Declares That Foreign Nationals Have Right to Medical Treatment in the Country, Mzansi Furious

• The South African Human Rights Commission (SAHRC) has defended the rights of foreign nationals to free healthcare
• Operation Dudula made headlines when it attempted to prevent foreign nationals from accessing clinics
• South Africans weighed in on the SAHRC's statement and the strain the public healthcare system is under already

Briefly News journalist Byron Pillay has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

GAUTENG - The South African Human Rights Commission (SAHRC) has taken issue with patients being denied healthcare based on their nationality or healthcare status.

The SAHRC noted with concern that there were healthcare facilities where foreign nationals were being denied treatment, describing it as unethical and unlawful.

What did the SAHRC say?

In a media statement released on 2 July 2025, the SAHRC stated that all those who live in the country, regardless of nationality, race, gender, age, income level or geographic location, had the right to access healthcare facilities.

It noted that the constitution did not qualify or limit this right based on immigration status or citizenship, adding that, according to Section 27(3), no one may be refused emergency medical treatment in the country.

The SAHRC’s statement comes a week after Operation Dudula made headlines outside the Hillbrow Clinic.

What did Operation Dudula do?

On Wednesday, 25 June 2025, members of the group prevented foreign nationals from using the Hillbrow clinic. Operation Dudula’s Simphiwe Shabangu stated that they were enforcing the immigration act.

The group attempted to do the same thing earlier in the week, on Monday, 23 June, but were removed by police as tensions escalated at the clinic. Security guards also closed the gates as the situation got heated.

The SAHRC condemned the actions, saying that the power to inspect, arrest, or detain undocumented persons lay solely with the Department of Home Affairs, with the support of police.

“It is important to note that no civic group, or individual, has the legal authority to control access to public health facilities or to enforce immigration laws,” the SAHRC statement said.

The issue of foreign nationals receiving healthcare in the country has been a long-standing problem. In January 2025, social media users were divided after a video surfaced showing a heated exchange between a local nurse and a Zimbabwean patient.

Limpopo Health MEC, Phophi Ramathuba, also made headlines in 2022 when she suggested that the South African health department send a bill to Zimbabwean President Emmerson Mnangagwa.

South Africans are not impressed

Social media users weighed in on the SAHRC’s statement, expressing unhappiness that healthcare facilities were further strained by having to treat foreigners as well.

Zodwa Lengisi said:

“The SAHRC must cede its budget to the hospitals, then, so that anyone can be accommodated without straining the hospital resources.”

Camagwini Matshobeni asked:

“Are they paying tax?”

Venecia Ogle questioned:

“Is it only in South Africa that allows healthcare to people from beyond the borders? Because I don't think anywhere else in the world it is allowed.”

Ntate Jerŕy stated:

“In their country of birth, yes. Our families are struggling to get help because of overpopulated hospitals.”

Refilwe Makatleho Mokote asked:

“Did you use the word illegal and have rights in one sentence?”

Neo Ntene stated:

“It cannot be that everyone in the world is entitled to free healthcare in South Africa. It’s not sustainable, and it’s senseless.”

Kgosietsile Mocumi added:

“The SAHRC must open their own clinics, hospitals and schools for these foreign nationals. We have had enough. This is the beginning. It’s time for them to voetsek.”

Health Department forced to treat foreigners

In April 2025, the Deputy Health Minister Joe Phaahla admitted that the health system was at breaking point in Gauteng.

Briefly News reported that Phaahla said the biggest problem was that free basic medical care was given to anyone, even foreign nationals.

Social media users could not understand why the health department was obligated to provide medical care to foreigners.

Source: Briefly News