Staff Reporter.
The Gauteng High Court in Johannesburg on Friday upheld the rights of all pregnant and lactating women, as well as children under six, to be provided with free health services at public hospitals.
It said these rights are included for foreign and undocumented patients.
The Department of Health on Thursday said it was studying a ruling by the High Court in Johannesburg.
Spokesperson for the National Health Department Foster Mohale says both the national and Gauteng departments are waiting for legal advice on the way forward.
The case was brought by public interest law centre Section 27.
The organisation approached the court in May last year, together with two women who were denied access to free health services while pregnant, and another one whose child under the age of six was also denied access to free healthcare.
The court declared the current policy by the Gauteng Department of Health, which denies free health care services to asylum seekers and undocumented persons, as unlawful.
The court also declared that any other similar policies which prevent pregnant and lactating women and children under six from accessing free health services are unlawful.
The court ordered the Gauteng Department of Health to amend its policy by 16 October 2023.
The national department was also ordered to issue a circular to all provincial departments by no later than 15 May 2023.
Section 27 legal researcher Mbali Baduza says the judgment affirms the position already contained in South African law.
“The order will contribute to South Africa’s progress towards decreasing maternal and child morbidity and mortality. This court order is in the interests of individual women and young children and the public health interest. For this reason, the order is warmly welcomed,” says Baduza.
Meanwhile Gauteng Health MEC Nomantu Nkomo-Ralehoko has apologised to the parents of two babies who were swopped at the Chris Hani Baragwanath Hospital on Tuesday.
A 35-year-old mother, who had given birth to a baby boy on Monday, was discharged with the wrong baby.
A security guard at the hospital noticed that the baby boy had a name tag which did not match with that of the mother and immediately alerted the nursing staff.
The second mother, whose child was mistakenly released to a wrong family, was later reunited with her child.
Nkomo-Ralehoko says they will take action against those involved in the negligence.
“The team on duty did not follow standard operating procedure in place within the hospital when discharging the mother and the baby. When the matter was further looked into, it was confirmed that the mother was discharged with the wrong baby.
“The mother and the baby were fetched from their home within a couple of hours on the same day, back to the hospital where the matter was resolved. Health checks were conducted on the baby prior to him being reunited with his biological mother.
“The families have further agreed to conduct DNA and related tests to put the matter to rest once and for all.”
Compiled by Lehlohonolo Lehana.