Court says chronically ill asylum seeker eligible for treatment

Organisation: Position: Deadline Date: Location:

A chronically ill asylum seeker who was refused treatment at Helen Joseph Hospital has managed to secure a draft order that will allow her to continue to receive the tri-weekly dialysis she requires simply to stay alive. It was reported earlier Alem Bazabe Ereselo was forced to approach the Gauteng High Court (Johannesburg) for help after doctors at Helen Joseph told her she was not entitled to the chronic treatment because of her status as a refugee from Ethiopia.

According to a Times Select report, she approached Lawyers for Human Rights, who assisted her in launching an urgent application against the hospital, the MEC for Gauteng Health and the Minister of Health.

Representing Gauteng Health, Advocate Nokulunga Makopo told Acting Judge Marcus Senyatsi  that she was wary that a ruling in Ereselo’s favour could set a precedent. However, the report says, the judge repeatedly told Makopo that Ereselo’s life was at stake and that if he agreed with the respondents he “will walk away from here and never be able to forget this as long as I live”. The judge made a draft order that Ereselo receive treatment while the litigation continued, and reserved the issue of costs until the application was finalised.

The Times Select report (subscription needed)

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