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Mon, Nov 10, 2025

News

A Constitution Under Siege: The health Xenophobia conundrum

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By: Matshidiso Selebeleng

 South Africa, a country where diversity is celebrated and human rights enshrined in the Constitution, however a contentious debate has sparked a firestorm. Long queues, insufficient bed space, a long orthopedic surgery waiting lists, pregnant mothers sleeping on the floor due to insufficient bed space, and not enough medication for patients in need. These are just some of the challenges faces by the 84% of South Africans who rely on public healthcare services. They say the public healthcare system is overburdened. Section 27(3) of the South African Constitution guarantees basic healthcare services for all, regardless of nationality or immigration status. A heated debate has emerged and locals are saying no to free health services for undocumented foreigners. But activists have sparked controversy by advocating for the exclusion of illegal immigrants from using public health facilities. The past few weeks have seen Anti-migrant organizations such as Operation Dudula mobilizing their members to restrict foreigners’ access to public health facilities, demanding that undocumented foreigners produce identification documents before receiving care or not use the services at all. Members of the organisation have been blocking foreigners from accessing public health care services demanding that they pay. Dudula has been hard at work ensuring that measures are put in place, which include requiring people to produce their South African identity documents at the entrance of public health facilities. They say they are protecting the interests of South Africans, but the Human Rights Commission says this is a violation of human rights. This has caused public outrage, as some people are becoming frustrated because they have to carry their IDs with them whenever they visit health facilities. Karabo Xaba (25) a student from Bloemfontein says she fully supports Operation Dudula. She says she feels that South Africa as a country is being taken advantage of by foreign nationals. “It is not fair for us, as taxpayers to support everyone. “Free healthcare services are meant for South African citizens. I fully support what Operation Dudula is doing. Foreigners should pay for public health services or use private hospitals as they do not contribute to the tax system. Another patient Mpho Mohapi (42) from Bochabela in Bloemfontein who uses public facilities says she also supports the notion. Mohapi has been waiting to get help at the Pelenomi Tertiary hospital in Bloemfontein for over 24 hours. She says she is waiting in the queue with foreigners and thinks it is not fair. “I don’t have a problem with foreign nationals, my problem is that now I have to wait in long lines before I get help. I have been sitting on this chair ever since I arrived. “ I left my two children at home and they needed to go to school today, but they did not go to school because I am stuck in the hospital. “I think foreign nationals must go to private hospitals. Most of them are in South Africa to work, so they are employed and can afford private hospitals and clinics. Journal News went to the streets to get the views of foreign nationals about this issue and John Salimo* from Mozambique who has been in South Africa illegally for more than ten years says he is saddened by the treatment from South Africans. “I used to think that we are all brothers and sisters and we can come to each other’s rescue when we are in need, but now denying us healthcare access just shows the amount of resentment. “I have been here for years and witnessed the hatred every day, but it just keeps getting worse, he said. Despite how ordinary citizens feel about foreigners using public health care services for free, illegal immigrants who are in hospital say they receive the best care at facilities. Cliff Maimble, an illegal immigrant from Zimbabwe says he is aware of the health xenophobia that has been happening in South Africa. He says he has been in South Africa for two months and knows what is happening. When Journal News asked what put him in Pelenomi hospital, he said he had an accident at work which landed him in casualty. “Maimle told Journal News that he did not struggle to get assistance. “I am happy with the service and everything was given to me for free. I did not struggle and I did not pay anything. “I have done the tests and right now I am waiting for the doctor to see me so they can give me my test results, he said. In a formal letter addressed to the South African President Cyril Ramaphosa, Minister of Health Dr Aron Motsoaledi, Minister of Home Affairs Dr Leon Schreiber and the South African Human Rights Commission, a Zimbabwean Activist, Duke Maplanka, accused the government of turning a blind eye to the barbaric treatment that the immigrants face. Maplanka said if action is not taken against the individuals or groups that are behind these acts, he intends to lay a complaint against South Africa in the international human rights bodies. “I write this letter as both a concerned African citizen and a representative voice of thousands of foreign nationals, especially Zimbabweans, living in South Africa, many of whom are routinely subjected to inhumane treatment, open hostility, and systemic exclusion from basic services. “It is with growing alarm that we have witnessed the escalation of xenophobic violence, the entrenchment of vigilante groups, and the active blocking of foreign nationals from accessing life-saving healthcare in South Africa, he said. Maplanka further said South Africa has taken moral and legal action to speak out against injustice in Gaza, while they are not innocent themselves. “How can South Africa claim the mantle of human rights defender abroad, when at home it presides over de facto ethnic cleansing through economic and medical exclusion?” Last month the SHRC expressed concerns over the individuals who are denied access to health care facilities. The commission says these events are unethical, unlawful, and inconsistent with South Africa’s obligations under both domestic and international human rights law. “The SAHRC is concerned that people are taking the law into their own hands and making it difficult for people to access medical care due to their nationality. “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 power to inspect, arrest, or detain undocumented persons lies solely with the Department of Home Affairs supported by the South African Police Service (SAPS) when lawfully required. The commission urged both the Department of Home Affairs and SAPS to diligently perform their duties, to avoid citizens from taking the law into their hands.” Spokesperson for the Department of Health Foster Mohale, said, “While we understand the genuine concerns raised by the organised groups and individuals on the issue of undocumented migration or foreign nationals, and its burden to public health system, we do not condone the manner in which they raise them, which is through illegal means which go against the laws of the country”. He says no one has got the right to demand proof of identity document except for the rel evant authorities such as the law enforcement agencies. “Thus we call for law enforcement agencies to enforce the law into their hands. “We call upon concerned organizations and individuals suggest long term solutions to this issue which is a societal one in nature,” said.

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