A Johannesburg hospital has come under fire after allegedly denying a liver transplant to a 15-year-old girl from Zimbabwe, triggering a legal showdown and sparking outrage over the treatment of immigrants in South Africa’s healthcare system.
The incident, reportedly involving Charlotte Maxeke Johannesburg Academic Hospital, has raised serious ethical and legal concerns about the state’s obligations to foreign nationals in need of life-saving medical procedures. The teenager’s family has filed a lawsuit, claiming that despite having a donor and being able to pay for the procedure, the hospital refused to perform the transplant solely because of the girl’s nationality.
‘Blatantly xenophobic,’ says legal team
According to The Citizen, human rights lawyer Simba Chitando, who represents the family, described the refusal as “blatantly xenophobic” and said it reflects a deeper pattern of discrimination in South Africa’s public hospitals.
“This matter is urgent because it is a life-saving procedure, but it is also one of the most cruel, inhuman, and blatantly xenophobic acts perpetuated by the state against a child,” Chitando was quoted as saying.
He added: “It is symbolic of the fact that South Africa has lost its moral, legal, and pan-African compass. My clients remain defiant under the circumstances, and the legal team I’m leading will do everything in our power to save this beautiful Zimbabwean girl’s life.”
History of similar cases at the same hospital
This case has brought renewed attention to previous incidents at Charlotte Maxeke Hospital where foreign nationals allegedly faced obstacles in receiving medical treatment. Daily Maverick reported that in 2019, two-year-old Sibusiso Ncube died from poisoning after being turned away because his mother could not immediately provide his birth certificate or R5,000 for treatment.
Another Zimbabwean mother was reportedly forced to sign a debt acknowledgment of over R34,000 for her child’s emergency surgery at the same hospital. When the child later needed another operation, the hospital refused to proceed due to the unpaid balance. She was told to pay R5,000 for readmission and R50,000 for the follow-up surgery.
Health rights and legal obligations
South Africa’s Refugees Act of 1998 affirms that refugees have the same access to healthcare services as citizens. Furthermore, the Constitution and the Department of Health’s policies explicitly prohibit the denial of emergency treatment based on documentation or nationality.
Despite these legal protections, Chitando argues that the system continues to marginalise foreign nationals, often with life-threatening consequences.
As legal proceedings unfold, the case could become a landmark moment in South Africa’s ongoing debate over immigration, healthcare, and human rights
