By: Samukelisiwe Msane
Meet *Neema Ntumba, a 36-year-old refugee, originally from the Democratic Republic of Congo, who has called Pretoria her home for a decade. As a refugee, Neema can access the same healthcare services as South African citizens as set out in the Constitution. However, the reality of accessing these services would prove to be an arduous undertaking.
Neema has been an outpatient at Steve Biko Academic Hospital in Pretoria for over a year and has been receiving treatment for fibroids, which are non-cancerous growths in her uterus, a condition she has suffered since 2023. According to Section 27(b) of the Refugees Act, Neema enjoys all the rights in the Bill of Rights, which include the right to access secondary healthcare services such as surgery – a procedure that would alleviate her pain from fibroids. This means Neema’s medical costs are subsidised according to her income bracket in terms of the National Uniform Patient Fee Schedule.
On 23 February 2024, the day of her scheduled surgery, she learnt that she would not be able to proceed with the operation as her refugee status was allegedly invalid. A hospital administrator at the facility informed her that her document was invalid as it did not have an official Department of Home Affairs (DHA) stamp. Neema was then informed she would need to visit the DHA offices in Durban, KwaZulu Natal, to verify her documentation status.
Desperate for medical treatment, and with limited financial means, Neema embarked on a grueling journey to Durban.
There DHA officials confirmed that her documentation was valid, and that the Steve Biko Academic Hospital can conduct verification by following the instructions on the note provided at the bottom of her Section 24 refugee permit. Neema returned to the hospital and informed the administrator that her documentation was valid. She again encountered difficulties as the official was unwilling to conduct the verification. This meant that she would be deprived of her right to surgery, leaving Neema to foot the full cost of the procedure – a cost she could not afford.
On 20 June 2024, four months after her scheduled surgery, Neema sought assistance from SECTION27 and Lawyers for Human Rights (LHR).
LHR again confirmed that her refugee permit was valid, and in desperate need of medical treatment and in excruciating pain, Neema returned to the Steve Biko Academic Hospital, but the hospital administrator still refused to assist her.
Neema returned to SECTION27 and was assisted by paralegal, Thembi Mahlathi. Ms. Mahlathi contacted the hospital administrator and highlighted that their conduct was in violation of Neema’s constitutional right to access healthcare services. Ms. Mahlathi further indicated that legal action would be taken if the violation continued. Finally, and only after the threat of litigation, Neema’s surgery was authorised.
Neema’s story highlights the challenges many migrants in South Africa are confronted with when attempting to access healthcare services. Despite the right to access healthcare being enshrined in both international and national legislation and policy, numerous barriers persist at healthcare facilities, hindering patients like Neema from receiving the critical care to which they are entitled. These barriers range from the implementation of provincial laws and policies that contradict the Bill of Rights and the Refugees Act to administrative shortcomings like language barriers, a lack of documentation, discrimination, and limited awareness of their rights, as illustrated by Neema’s experience.
Unlike Neema’s case where SECTION27’s intervention facilitated access to healthcare and a crucial procedure, many other migrants ultimately succumb to their conditions.
Neema’s story is one of desperation, resilience, and SECTION27’s ongoing commitment to advocate for the right to access healthcare services for all people who live in South Africa.
*Not her real name.
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