New policy favours migrant moms, children

The national department of health says it has issued a circular to all health facilities to provide free healthcare services to all pregnant women and children under the age of six irrespective of their nationality or status in SA.

This is in line with the order issued by the South Gauteng High Court in Johannesburg last month, directing the Gauteng department of health to amend its policy, which required that all foreign nationals pay a fee in order to obtain health services at its facilities.

The court said such policies are inconsistent with the National Health Act and were invalid insofar as pregnant, lactating women and children under the age of six were concerned.

The order followed an application by Section27 on behalf of three migrant women who had been denied access to healthcare unless they paid an upfront fee.

National health department spokesperson Foster Mohale told Sowetan that he could not share the circular but that it was communicated to the accounting authorities who are well aware of the court judgment. 

“The national department of health has issued a circular to all provincial heads of health departments, notifying them that all pregnant, lactating women and children below the age of six, who are not beneficiaries of medical aid schemes, and who have not come to South Africa for specific purpose of obtaining healthcare, are entitled to free healthcare services on Monday, the 15th of May 2023,” he said.

Kholofelo Mphahlele, the paralegal at Section27, said they were yet to see the circular issued on Monday but have heard that it was issued out.

“We have not been approached by women or children needing healthcare services since the court order. We are monitoring with various partners who also work specifically with access to healthcare by migrants,” he said.

In April, judge Roland Sutherland gave the Gauteng department of health until October 16 to amend its policy implementation guidelines on patient administration and revenue management to align with the National Health Act.

The court found that the department's regulations and policy, implemented in 2020, that limits free healthcare services to pregnant and breastfeeding women and young children who are asylum seekers, undocumented or stateless, are unconstitutional.  

A volunteer doctor who works at four clinics in Gauteng including Zandspruit Clinic, who asked not to be named, said she has witnessed situations where most women and children were turned away from clinics or transferred because they were either foreigners or lacked the proper documents.  

“Even though most of these women have legal passports, they are either transferred to other hospitals or not helped because they don’t have the right permits to be admitted and helped. These transfers not only keep these people running around but they also put a lot of pressure on certain hospitals,” said the doctor. 

“There was a young boy, below the age of six, who couldn’t get admitted because his father didn’t have the proper documents. It’s a matter of luck if you do end up getting help in their situation.”