By: Tsadok Yehudah
We often take for granted just how much we rely on our sense of sight in our daily lives. For Michelle Myers*, a documented Ethiopian refugee living in South Africa, this was a diminishing reality as her world was literally fading to black.
Michelle has called South Africa home for more than 12 years. For the past two years, she has been an outpatient at Helen Joseph Hospital in Johannesburg, where she has been seeking treatment for her deteriorating vision. For her, the possibility of sight-restoring surgery was a lifeline.
In November 2024, a flicker of hope! This after doctors at Helen Joseph Hospital confirmed that there was a procedure that could treat Michelle’s deteriorating eye condition. An operation was scheduled for 21 January 2025. For Michelle, this meant a new visual lease on life.
But on the day of the surgery, Michelle’s newfound hopes were crushed. The 35-year-old was informed that the surgery would cost her R17,707 and that the hospital would only proceed once a deposit of R8,000 was paid. The balance, Michelle was told, could be paid in instalments and if she was unable to pay the deposit, the surgery would be cancelled.
Michelle, who was unemployed, had no means to pay the hefty amount. Her surgery was rescheduled for 26 March 2025, in which she had two months to come up with the R8,000 deposit.
Desperate not to lose her sight, Michelle turned to her community for help. Through small donations from friends and neighbours, she managed to raise R2,700, which she paid to the hospital on 11 February 2025. But the amount was not enough, especially as the date for her vital surgery loomed.
The South African Constitution states that “everyone has the right to access to healthcare services”. The revised Patient Administration and Revenue Management Policy, says that documented refugees like Michelle cannot be classified as full-paying private patients and are entitled to a means test – an assessment of the patient’s income used to determine if they qualify for free or subsidised healthcare. According to this policy, Helen Joseph Hospital incorrectly classified Michelle as a full-paying patient.
Facing an insufferable situation, Michelle sought assistance from SECTION27. Advice Office paralegal, Thembi Mahlathi, and candidate attorney, Jonathan West, consulted with her. The team identified the hospital’s error, and a letter of demand was emailed to Helen Joseph Hospital which outlined the violation of the policy. The letter explained that Michelle, as a documented refugee, must be correctly classified using a means test.
Given Michelle’s unemployed status, the communication requested that Helen Joseph Hospital conduct a means test and reclassify her as a fully subsidised patient, which would allow her to receive the surgery free of charge.
The intervention was successful. The hospital acknowledged its error and agreed to reclassify Michelle and proceed without the prohibitive upfront fee. Michelle finally received the sight-saving surgery she so desperately needed.
Her victory highlights a persistent and unlawful barrier that many documented refugees and asylum seekers are confronted with when trying to access healthcare services in South Africa. While constitutional rights and policies exist to protect their rights, they are too often ignored. This places vulnerable people in the impossible position of having to choose between their health and financial ruin. Michelle’s fight was not just for herself, but for the principle that healthcare is a human right, not a transaction.
If you find yourself in a similar predicament, visit organisations like SECTION27 and Lawyers for Human Rights who can provide you with legal guidance.
*Not her real name.
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