FUR 2601 ASSESMENT 1

Question 1. The decision by the Gauteng Department of Health to reduce treatment for non-citizen AIDS patients due to funding shortages is likely unconstitutional. This conclusion is based on the Bill of Rights in the South African Constitution and established judicial precedent. 1. Constitutional Framework Section 27 of the Constitution of the Republic of South Africa, 1996, governs the right to healthcare: • Section 27(1)(a): Everyone has the right to have access to health care services, including reproductive health care. • Section 27(2): The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. • Section 27(3): No one may be refused emergency medical treatment. • The use of the word "everyone" in Section 27(1) is critical; it does not limit the right to "citizens" only, unlike other rights (such as the right to vote).