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1. Operation Dudula 

The Portfolio Committee on Heath notes the concerns raised by organisations such as Operation Dudula. The committee recognises that the starting point is Section 27 of the South African Constitution, which states that health services should be provided to all. However, challenges have arisen regarding undocumented citizens. As you may recall, the National Health Insurance includes provisions that state even undocumented individuals shall be provided with emergency healthcare and medical services.

Whilst there are concerns regarding undocumented foreign nationals’ use of public healthcare facilities, international law says they may still be allowed to use and must be given emergency medical services.
 
I do have comfort from the Minister of Health, Dr Aaron Motsoaledi, that he is meeting with the leadership of the organisations that are expressing their concerns, and they are going through certain issues. These concerns cannot be ignored. We must engage with stakeholders. South Africans, without identity documents, could be prejudiced.
 
We need strong support from the Department of Home Affairs to process the white paper that is dealing with issues of the Immigration Act, revising and amending the Immigration Act, and revising citizenship laws. The Refugees Act also needs repeal. Some of these acts have a wide scope. The country does not have unlimited resources.
 
The amendments of the acts will clarify who should and who should not be receiving health services from the government. Worldwide, when you go to other countries you do have cover of medical insurance and you pay for the services. It is something that should and will be attended to. It is comforting to know that the Minister is already engaging with organisations, and the engagement must yield results.
 
There needs to be support from the Department of Home Affairs to expedite the amendments to the acts that affect this process.
 
2. Update on the Tobacco Products and Electronic Delivery Systems Control Bill
This process began in 2023 and the previous administration’s parliamentary committee did not complete the process, but did hold public hearings in seven provinces.
 
The new committee has held public hearings in two provines. The committee is processing the Tobacco Products and Electronic Delivery Systems Control Bill. Currently, the committee is conducting public hearings and engaging with various stakeholders on the Bill. To date, the committee has met with more than 30 stakeholders. Following the conclusion of the public hearings, the committee will receive responses from the Department of Health on the issues raised during public consultations. Thereafter, the committee will proceed to consider the Bill in September and adopt the motion of desirability on the Bill. The Bill that was brought to us will be amended by the input of our citizen. Likely by the end of September, the Bill will be taken to the National Assembly, whereafter it will go to the National Council of Provinces. The issues of vapes and hookas is not included in this Bill and will be attended to afterwards.
 
3. Systematic discrimination of Healthcare Providers by Medical Schemes
The committee received a briefing on a report detailing systematic discrimination against Black healthcare providers by medical schemes in South Africa. The report, which was presented by the independent Section 59 panel, has raised concerns regarding the treatment of Black practitioners in the healthcare system.
 
During the briefing by the Minister of Health, committee members expressed concern over the disproportionate allegations of fraud, waste and abuse directed towards Black practitioners compared to their non-Black counterparts.
 
During the meeting, committee members emphasised the need for accountability and sought further information on the punitive measures against medical schemes found guilty of discriminatory practices. They enquired about the department's intentions to acknowledge the harm inflicted upon Black health providers.
 
The committee made several recommendations in response to the findings of the report. One key recommendation was to establish an early warning system within medical schemes to alert healthcare providers to potential issues arising under Section 59 of the Medical Schemes Act. The committee believes such a system would safeguard honest practitioners from unwarranted scrutiny, while enabling timely corrective actions to mitigate financial losses.
 
The committee also called for greater transparency regarding the algorithms and software used by medical schemes to monitor claims, stressing that these systems must be fair and unbiased. Members of the committee emphasised that robust legal frameworks are essential to empower the Department of Health and the Council for Medical Schemes to take decisive action against discriminatory practices. In addition, some members of the committee also highlighted the need to establish a legislative environment that fosters genuine accountability and enables meaningful systemic change.
 
The committee resolved to consult with legal advisors about possible legislative amendments to improve transparency and accountability. It also stressed the need for a comprehensive strategy to address the backlog of complaints with the Council for Medical Schemes.
 

Issued by Parliament