SA court rules pregnant women, children have right to healthcare despite legal status

A Johannesburg court has ruled that pregnant, lactating women as well as children under the age of six have a right to free public healthcare, regardless of their legal status.

The court cited the National Health Act which says the State should provide service to these groups, unless they have medical aid.

The case came after three migrant women were denied access to health facilities in Gauteng, with sometimes tragic consequences. This was in 2022.

The Gauteng government had in 2020 introduced a policy which required all asylum seekers, the undocumented and stateless people to pay for state health services.

They were represented by Section27.

In a case which affected Zimbabweans, the Limpopo Health MEC Dr Phophi Ramathuba was caught on camera scolding a woman after she got medical care in the country.

This resulted in divided opinion, with opposition activists in Zimbabwe using it as a stick to beat their government. Vigilante organisations cheered her on.

The Economic Freedom Front (EFF) and Democratic Alliance (DA) called for her resignation or removal.

The Health Professions Council of SA (HPCSA) found Dr Ramathuba guilty of unprofessional conduct.