When Healthcare Treatment is Obstructed, Rights Must Speak 

By: Hloni Manare

A routine minibus taxi ride from Hillbrow to Orange Grove, north of Johannesburg, quickly turned into a nightmare for Flora* a documented migrant from the Democratic Republic of the Congo (DRC). 

In 2024, the 45-year-old mother of three found herself in excruciating pain in the back seat of a minibus taxi after it had crashed into a building. The short trip ended with both Flora and her husband Pierre* being admitted to Edenvale Hospital, east of Johannesburg. Her husband sustained minor injuries, but Flora’s condition was more serious.  

When Flora was examined by a doctor, he allegedly refused to treat her. 

Because Flora was a foreign national, the couple was hesitant to report the doctor. This would not be the first time Flora struggles in accessing healthcare in South Africa, a right that she is entitled to, as a documented migrant.  

South Africa’s  Constitution and the National Health Act guarantees the right to access to healthcare services for everyone, regardless of nationality or legal status, and states that no one may be refused emergency medical treatment. 

In reality, this right is often undermined by discriminatory attitudes and administrative failures. 

Her difficulties started in 2005, soon after her arrival in the country, when she was involved in a car accident that left her with a broken nose. At the time, a doctor at Helen Joseph Hospital informed Flora that her nose required extensive surgery. When she returned on the scheduled day of her procedure, she was allegedly turned away and prescribed painkillers. 

As a result, she developed a number of ailments which worsened overtime, leading to persistent headaches and recurring sinus infections. 

Flora frequently returned to Helen Joseph Hospital and engaged with several officials about her medical challenges. But her grievances went unheard. In 2022, Flora was involved in another motor vehicle accident which left her with a left leg injury. Following that accident, she was treated at Hillbrow Community Health Centre, located in central Johannesburg. There, Flora was allegedly subjected to xenophobic attacks by healthcare staff and threatened with deportation.  

Migrants are often turned away, denied healthcare services or treated with hostility in public facilities, which contravenes their right to access to healthcare services. 

Flora’s experience is one such case. During her 2022 ordeal, Hillbrow Community Health Centre referred Flora to Helen Joseph Hospital without noting the urgency or seriousness of her leg injury.  

Flora’s medical care was further frustrated by administrative bureaucracy between the two facilities. 

For two years, Flora says her medical injuries were left untreated, leaving her husband, Pierre, as the sole breadwinner.  

In late 2024, in urgent need of assistance, Flora telephonically contacted the Embassy of the Republic of Congo, and was helped by a consular official who directed her to Lawyers for Human Rights. They then referred her to SECTION27 where she was assisted by Advice Office paralegal, Ms. Thembi Mahlathi, who requested a full medical assessment and reminded the Hillbrow Community Health Centre of Flora’s constitutional right to access healthcare services, which they had violated. 

In January 2025, after nearly two decades of unsuccessful dealings with the public health system, Flora received a full medical assessment at Hillbrow Community Health Centre and was referred to Charlotte Maxeke Johannesburg Academic Hospital for further treatment. 

There, she was scheduled for nose and leg surgeries, free of charge, which came as a huge relief to her family. 

Flora’s story sheds light on the real-life struggles faced by both documented and undocumented migrants and serves as a powerful reminder that every person – no matter their legal status – deserves to be treated with fairness, humanity and full recognition of their rights. 

SECTION27’s legal support to Flora contributes to our organisational goal of ensuring that more people, especially those who are vulnerable or marginalised, access quality healthcare services. 

*Not their real names