Johannesburg – The Gauteng Department Of Health (GDoH) has amended its policy to enable all pregnant and lactating women and children under the age of six to access free healthcare services at all public health establishments, regardless of citizenship or documentation status.
In addition, posters reflecting that all pregnant and lactating women and children under the age of six years old are entitled to free health care services at all public health establishments, regardless of citizenship or documentation status have been sent to all provinces and all health facilities in Gauteng.
The move follows a court order that instructed the GDoH to amend its Gauteng Patient Administration and Revenue Management Policy.
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On Monday, (23 October 2023), the Minister of Health, MEC, and HoD for Gauteng Health and Charlotte Maxeke Johannesburg Academic Hospital returned to court to report on compliance with the order issued earlier this year.
In April 2023, the Gauteng High Court upheld the right of all pregnant and lactating women, and children under six, irrespective of nationality and documentation status, to access free health services at all public health establishments, including hospitals.
In Monday’s hearing in chambers before Deputy Judge President Sutherland, counsel for the government respondents reported that there had been compliance with the court order.
Several health facilities in Gauteng have ensured that the posters are visible on notice boards and in wards.
However, there are some health facilities that government respondents admit have not displayed posters – Charlotte Maxeke Johannesburg Academic Hospital, Hillbrow Community Health Centre, Helen Joseph Hospital, South Rand Hospital, Kalafong Hospital, and Thelle Mogoerane Hospital.
Section27, a public interest law centre that seeks to influence, develop, and use the law to protect, promote and advance human rights, said its monitoring suggests that while Chris Hani Baragwanath Hospital, Steve Biko Hospital, and Bertha Gxowa Hospital claim to have put up posters, those posters were not visible as of 18 October 2023.
As a result of this partial non-compliance, the respondents have been given until 6 November 2023 to report on full compliance.
Section27, whose name is drawn from the section in the SA constitution which enshrines everyone’s right to health care, food, water, and social security, will have the opportunity to respond by 13 November 2023.
Should compliance not be complete, Judge Sutherland will personally attend at the relevant hospitals to monitor compliance on 20 November 2023.
Section27 said it “welcomes the government’s substantial compliance” with the court order.
“We had been concerned that posters had not been put up in hospitals, following two rounds of monitoring in August and October 2023,” said Section27.
“We addressed correspondence to the respondents, and it appears that, despite not responding to us, they took steps to remedy the non-compliance.
“We particularly welcome the amendments to the Policy, which not only ensure access to pregnant women and young children, as required by the court order but also place asylum-seekers in the same position as refugees and South Africans.”
