A E v Chief Executive Officer Helen Joseph Hospital and Others (19/15448)
A E v Chief Executive Officer Helen Joseph Hospital and Others (19/15448) [2019] ZAGPJHC 379 (7 October 2019)
The court found that the applicant was not refused emergency medical treatment; she received all necessary care to stabilize her condition. The refusal to provide ongoing chronic dialysis was based on the hospital's policy and the National Health Act, which restricts such treatment to citizens and permanent residents due to resource constraints. The court held that the limitation of rights was reasonable and justifiable under section 36(1) of the Constitution, as the scarcity of resources necessitates prioritization. The exclusion of the applicant was not discriminatory but a lawful applicati…
Source excerpt
- Right To Healthcare
- Emergency Medical Treatment
- Discrimination Against Foreigners
- Allocation Of Medical Resources
- National Health Act
- Bill Of Rights Limitation