Vigilantes have unlawfully prevented people they deemed to be foreign nationals from accessing public healthcare services. SECTION27 health activists map out the implications of a Gauteng High Court judgment delivered at the end of last year, explaining that it obliges the state to take active and coordinated steps to remove barriers hindering people’s access to healthcare.
The NHI Act is facing a slew of legal challenges from multiple organisations. For this special series, Spotlight combed through court papers, and spoke with legal experts to pin down what specific arguments litigants are betting on.
Activists say the Gauteng department of health’s late appeal to a court judgement that compels it to act on cancer treatment backlogs is raising more questions about what the department believes it stands to lose from not doing as the courts have ruled, reports Ufrieda Ho.
In the latest chapter of a long-running legal battle over the Gauteng Department of Health’s obligation to provide people in the province with radiation oncology services, the department has suffered another loss in the courts. Ufrieda Ho assesses the legal situation and asks what it means for people still waiting for the life-saving treatment.
South Africa’s National Department of Health is still to outline a clear contingency plan as a US funding freeze puts lives at risk, spells job losses, and presents threats to keeping HIV and TB under control. Ufrieda Ho reports.
The bodily autonomy of young women and girls is under threat as Gauteng Health and Wellness MEC Nomantu Nkomo-Ralehoko intends to make the contraceptive implanon compulsory for learners as long as their parents consent. This approach to addressing teenage pregnancy is misguided and unlawful, argues Khuselwa Dyantyi.
There is a history of competition law being used to drive HIV medicine prices lower in South Africa. Now, two cases involving cancer medicines seem set to nail down what qualifies as “excessive pricing” in South African law – a legal development that could have far reaching implications for medicines prices in the country. Catherine Tomlinson unpacks the details.
In this hard-hitting open letter, SECTION27, Cancer Alliance and TAC activists argue that the Gauteng Department of Health has failed in fulfilling its obligations to provide radiation oncology services while over 3 000 cancer patients wait for treatment.
National Treasury has proposed a R1 billion cut to HIV funding. This has come about because – rather than seeing the reduced price of antiretroviral treatment as an opportunity to scale up treatment coverage and strengthen other interventions to address the HIV epidemic – the Department of Health has seen it as an opportunity for cost-containment. However, the HIV epidemic is not over and savings owing to cost reductions should not simply be returned to Treasury, argue Matshidiso Lencoasa and Mila Harding.
A pivotal case for access to affordable medicines in South Africa is set to determine whether people in South Africa will be able to get access to breakthrough cystic fibrosis treatments. Aneesa Adams spent some time with a family living with cystic fibrosis to get a sense of what is at stake.
In a landmark court decision, the Gauteng High Court recently confirmed the rights of all pregnant and lactating women and children under age six to access services for free at all levels of care. The court order sets a good precedent for migrant health rights going forward, writes Mbali Baduza and Kholofelo Mphahlele as they explain the build-up to the court proceedings and why this is significant for re-affirming the right to access to healthcare for all in terms of section27 of the Constitution.
Pregnant and breastfeeding women and young children should have free healthcare services, irrespective of nationality and documentation status. It is an entitlement that our law already affords them and one that we will continue to defend writes Thembi Mahlathi and Sibusisiwe Ndlela.
