What about organ transplants?

As we have seen, specialist treatment must be provided according to the resources of the hospital. Refugees and asylum-seekers will be assessed in the same way as South African citizens – depending on their medical need and the resources available. However, for organ transplants, the National Health Act states that ‘an organ may not be transplanted into a person who is not a South African citizen or a permanent resident of the Republic without the Minister’s authorisation in writing’.⁹ Those who are not South Africans or permanent residents who are denied organ transplants would have to challenge this in court, or access the transplant at a private hospital.