POLOKWANE – “The Constitution of South Africa states that the country belongs to all those who live in it. It provides all with the right to human dignity and protection. Every person coming into our hospitals must be treated equally, irrespective of their nationality.”
This was the comment from Polokwane Legal Practitioners Association chairperson Podo Mdluli after social media saw users divided over Health MEC Dr Phophi Ramathuba’s comments to what is presumably a foreign national patient.
In the video clip, taken at a hospital in Bela-Bela, the MEC expresses the frustration she has in terms of budget constraints and the burden foreign nationals place on an already strained South African healthcare system.
Read more: ‘You are killing my health system’ – Health MEC tells Zim patient
“How do you find yourself in Bela-Bela and Lephalale when you are supposed to be with Mnangagwa? You know, he does not give me money to operate you guys? And I am operating with a limited budget. You are killing my health system. When you guys are sick, I am hearing you just say let’s cross Limpopo River, there is an MEC who is running a charity department there.”
She continues by referring to census statistics which point thereto that of Limpopo’s residents, only 9% are medical aid patients which means 91% depend on state health services.
When the budgets are allocated, this is taken into consideration, she tells the patient.
“When [National Treasury] allocates the budget, it will subtract 9% and give me the budget of 91%. Instead of using it for what it’s meant for, I am operating for what Mnangagwa is supposed to do (sic). And that is why when my people in Limpopo want a good health system, they can’t get it. And that angers the community.”
The MEC’s comments quickly gained traction on social media, drawing the attention of the provincial ANC Youth League, the national Department of Health and the Young Nurses Indaba Trade Union.
Mdluli, however, made it clear that Ramathuba’s comments – even though it constitutes the violation of human rights – may very well be a reflection of the realities faced by health facilities in the province.
“But even so, the MEC is bound by a doctor’s oath taken in the course of duty of being a medical doctor. This takes precedence over her duty in public office. Yes, we do have a lack of resources in health facilities which is worsened by the burden of foreign nationals, however, the interaction between the MEC and the patient borders on the line of doctor and patient confidentiality. What was supposed to be a private conversation was said in front of many people, which means the patient’s privacy was violated.”
Mdluli said that anyone who finds themselves in a similar situation and wants to involve the law, should approach specific law enforcement agencies.
“In the event where an investigation is done, a complaint will be launched with both the Human Rights Commission and the Equality Court. Upon determination that your right has been violated, the person can receive compensation.”
Contacted for comment, the MEC said she was initially oblivious as to the recording that was made or its circulation on social media.
She did, however, maintain she was merely stating facts, even though some might interpret it as the violation of a patient’s rights.
“I acknowledge the constitutional rights of all people living in South Africa, saying they are entitled to medical attention, whether legally or illegally.”
Shedding light on the issue of limited resources, she said her department’s Rural Health Matters Initiative is not very helpful to poor citizens because of the many foreign nationals who “flood the hospitals, looking for medical attention”.
“We are selfish about it because specialists in the poorest areas have been sitting with surgical backlogs for years. Our figures show a high number of operations being done, but our backlogs were by no means diminishing. When I started speaking to specialists, the picture became very clear – most patients being operated on are foreigners, so our own figures would stay stagnant while we heal another country’s patients. That is the reason why I said what I said,” Ramathuba said.
