Call to give kids and expectant moms free care

SECTION27, together with three affected persons, has launched a court application for access to health-care services for all pregnant women and young children.

Public interest law centre SECTION27 has launched litigation in the Johannesburg High Court to confirm access to free health care for all pregnant and lactating women and children under six years of age, including people seeking asylum, undocumented persons and persons affected by statelessness.

“We are asking the court to find relevant Gauteng legislation, regulations and policies are unlawful to the extent that they fail to provide access to free health services to all pregnant women and young children who are not on medical aid, in contravention of the National Health Act,” the centre said.

SECTION27 further asked for an order that the Department of Health issue a circular and publish a poster at all public health care facilities that makes clear all pregnant women and young children are entitled to access free health services.

The centre is bringing the case together with women who were denied access to health care services when they were pregnant and one woman whose child was denied free health services.

“SECTION27 launched this application in response to complaints by many pregnant women and mothers of young children who have been required to pay fees to access healthcare services at public hospitals in Gauteng. In one tragic case, a 2-yearold died after being denied emergency treatment when he swallowed rat poison at home,” SECTION27 said.

The centre added the denial of free health services prevails despite the fact that section 27 of the Constitution provides everyone has the right to access health-care services.

In addition, section 4 of the National Health Act provides that, subject to any condition prescribed by the minister, the state must provide pregnant and lactating women and children under six, except members of medical aid schemes and their dependants, with free health services.

“The minister of health has not prescribed conditions limiting this section, meaning that all pregnant and lactating women and children under six are entitled to free health services. The continued lack of access to healthcare can make the difference between life and death,” SECTION27 said.

According to the court papers, the respondents are the MEC for Health in Gauteng, the Minister of Health, the director-general for Health and Charlotte Maxeke Johannesburg Academic Hospital.