Assignment 1 Semester 2 2026
Unique number
Due date: August 2026
QUESTION 1
Sipho’s view has merit. Section 27(1)(a) of the Constitution protects everyone’s right
of access to healthcare services.1 More directly, section 27(3) provides that no
person may be refused emergency medical treatment.1 Because the Bill of Rights
can bind a juristic person where the nature of the right and duty makes this
appropriate, a private healthcare facility is not automatically outside constitutional
protection.1
The National Health Act 61 of 2003 gives the emergency rule direct statutory force.
Section 5 states that a healthcare provider, health worker or health establishment
may not refuse a person emergency medical treatment.1 Ubuntu Health Centre is a
health establishment because the Act includes private facilities providing inpatient or
outpatient treatment.1