By: Hloni Manare and Benni Mudau
Any parent would be left powerless at the sight of their child suffering from an unexplained illness.
Hassan Tesfaye* and his wife, Aida*, Ethiopian asylum seekers who have been living in Pretoria, South Africa, for 16 years, were all too familiar with this sense of powerlessness. As asylum seekers who have fled their country of origin, the Tesfayes application to be recognised as refugees is under review.
In April 2024, the couple found themselves at their wits’ end after multiple consultations with doctors drew a blank and tests failed to pin-point the cause of their six-year-old son, Tariq’s*, unexplained illness.
But this would prove to be the genesis of the couple’s nightmarish ordeal in securing lifesaving treatment for their sick child.
In April 2024, Hassan and Aida sought medical assistance for Tariq at the Bela-Bela Provincial Hospital in Limpopo, where they were asked for an upfront payment. The Tesfayes then went to a private hospital which referred the family to the Steve Biko Academic Hospital in Pretoria.
Following their consultation at the Steve Biko Academic Hospital, the couple’s worst fears were confirmed after additional tests and scans revealed that their South African-born son had acute lymphoblastic leukemia, a type of blood cancer that affects the blood and bone marrow. This diagnosis left the Tesfayes in a constant state of angst.
For Tariq, it was literally a race against time.
On 18 May 2024, the boy was admitted to the facility’s oncology unit where a chemotherapy treatment plan was drawn up consisting of three sessions a week. But this was cut short.
On 12 August 2024, the Tesfayes were informed that treatment would be discontinued due to non-payment. When the couple inquired about the cost to account, they were quoted an exorbitant amount of R235 187,49 – far beyond what they could afford.
Section 27(1) of the Constitution guarantees that everyone living in South Africa has the right to access free primary and emergency healthcare, regardless of their documentation status. Chemotherapy, which does not fall under primary healthcare, is categorised as a secondary healthcare service. As per the Classification of Patients for the Determination of Fees, in the case of the Tesfayes, the hospital should have conducted an income assessment, based on their earnings, to establish what the couple could afford. But this was not done.
Dejected and desperate, Hassan turned to SECTION27 for assistance where paralegal, Thembi Mahlathi, consulted with Hassan and a letter of demand was emailed to the facility urging them to provide Tariq with the necessary chemotherapy treatment. But the plea fell on deaf ears. Having received no response, SECTION27 health rights attorney, Khuselwa Dyantyi, contacted executives at the Steve Biko Academic Hospital and Gauteng Department of Health officials.
But access to treatment was only further delayed after the hospital officials requested verification of the couple’s asylum seeker documents. While Hassan’s asylum seeker status was valid, his wife Aida’s permit had expired. Following this development, the hospital indicated that it would not provide Tariq with chemotherapy treatment.
This did not deter Ms. Mahlathi and Ms. Dyantyi, who negotiated and managed to broker a deal for the Tesfayes, which resulted in a significant reduction of their medical bill to R3 000 per session for treatment. Despite the reduction, the couple were still unable to pay the lesser amount.
After several months of back and forth, finally a breakthrough. SECTION27’s relentless efforts had paid off.
On 2 October 2024, the Steve Biko Academic Hospital agreed to provide the necessary chemotherapy treatment without any payment – a chance at life for the young Tariq and a breakthrough for the family.
The Tesfayes victory is a testament to the power of advocating for people’s right to access healthcare services irrespective of nationality and documentation status.
Hassan and Aida’s ordeal highlights yet again the broader struggles confronted by asylum seekers in accessing vital healthcare services in South Africa.
*Not their real names.
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