Nationality and documentation status have no bearing on the right of pregnant and lactating women, and children under six years of age, to free health services. The Gauteng high court reaffirmed this in a recent court order that will see the Gauteng Department of Health amending a problematic 2020 policy document.

The Gauteng high court has issued a court order upholding the right of all pregnant and lactating women, and children under the age of six, to access free health services at all public health institutions in South Africa, irrespective of nationality or documentation status.

The order, handed down on 14 April, requires the amendment of a policy issued by the Gauteng Department of Health in 2020 -- the Policy Implementation Guidelines on Patient Administration and Revenue Management -- so that it expressly reflects this right.

The 2020 policy was "fraught with internal contradictions", allowing hospitals to interpret its provisions to deny certain groups of pregnant women and young children access to free services, according to a publication released by Section27 and partner organisations in November 2022.

"Prior the court ruling, there were certain categories [of pregnant and lactating women and children under six] that were struggling to access free healthcare services more than others in Gauteng -- it mainly affected asylum seekers, undocumented persons and persons who are at risk of statelessness," explained Mbali Baduza, legal researcher at Section27.

The significance of the court order, she continued, was that it reaffirmed the law in terms of the <a...