Gauteng health department 'studying court order' on free healthcare for migrant mothers

Public interest law centre Section27 says the court order affirming an existing law that entitles migrant mothers free access to healthcare will reduce the financial barriers that vulnerable women and children face when trying to access care.

The Johannesburg high court on Friday upheld the right of all pregnant and lactating women, and children under six, irrespective of nationality and documentation status, to access free health services at all public health establishments, including hospitals.  

Section27 launched this application in response to complaints by pregnant women and mothers of young children who have been required to pay fees to access healthcare services at public hospitals in Gauteng.

In one tragic case, a two-year-old died after being denied emergency treatment when he swallowed rat poison at home, the NGO said. 

The court ordered that Gauteng regulations and a policy, introduced by the Gauteng department of health in 2020, that denies free healthcare services to pregnant and lactating women and young children who are asylum seekers, undocumented, or persons affected by statelessness are declared unlawful. 

Section27 spokesperson Pearl Nicodemus said: “The court order vindicates constitutional rights, specifically women’s sexual and reproductive health rights and children’s right to health. These health rights are promoted when we prioritise combating maternal and child morbidity and mortality by increasing access to free healthcare services for all persons.”

The Gauteng department of health was ordered to amend its policy by October 16. 

Department spokesperson Motalatale Modiba said: “The Gauteng department of health takes note of the court ruling and is currently going through the judgment and its implications. We will comment further on it in due course.”

The court also declared that any other similar policies or circulars that prevent pregnant and lactating women and children under six from accessing free health services are declared inconsistent with the National Health Act and are invalid. 

This excludes persons that are on medical aid and those who come to South Africa for the purposes of accessing healthcare services.

The order follows an application brought in May 2022 by Section27 together with two women who were denied access to free health services while pregnant and one whose child under six was denied free health services.

“Government respondents failed to respond to the litigation, other than filing a notice of intention to oppose in July 2022,” said Nicodemus.

“Regrettably, as we know, many categories of migrant persons [mainly asylum seekers, undocumented, and persons affected by statelessness] were being denied these free health services.

“By affirming that these free health services must be provided, it reduces the financial barriers that vulnerable women and children face when trying to access care.”

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