The Department of Health has made it clear: undocumented migrants will continue to receive healthcare in South Africa, no matter the growing pushback from civic groups.
Despite mounting calls from organisations like Operation Dudula, the government says its hands are constitutionally tied—and that the country’s laws are firm on the matter.
On Thursday, 17 July, members of Operation Dudula marched to the South African Human Rights Commission offices in Johannesburg to hand over a memorandum of grievances. Their demand? That the state prioritise South African citizens and restrict undocumented migrants from accessing healthcare and other essential public services.
But the Health Department’s stance hasn’t changed. According to spokesperson Foster Mohale, the department is simply following the law.
“Everyone has the right to access health services, irrespective of their immigration status,” he said, pointing to Section 27 of the Constitution and the National Health Act, which collectively guarantee the right to healthcare for all living in the country.
Mohale acknowledged that South Africa’s public healthcare system is under strain and that the pressure is real. But he was quick to clarify that this isn't a simple healthcare issue—it's a societal one that requires broader national solutions, not quick fixes.
“We strongly believe this is a societal issue. It's not only about health,” he added. “We cannot deny anyone access to healthcare because of their immigration status or nationality.”
For many locals, especially in overburdened communities, the situation feels frustrating. Civil groups argue that limited resources must first serve tax-paying citizens. But for the Department of Health, the moral and legal imperative is to uphold dignity and human rights for all within the country’s borders.
The tension is part of a broader national debate on undocumented migration, resource allocation, and human rights. And the battle lines are clear: between constitutional obligations and growing public frustration.
Still, government insists it cannot—and will not—break the law.
As debates continue, one thing is certain: the issue of undocumented migrants and public service access is far from over. But for now, the policy is simple—healthcare remains a right, not a privilege.
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