FUR2601 Assignment 1 Semester 1 2026 – Due 27 March 2026

FUR2601 ASSIGNMENT 1 2026
DUE: 27 MARCH 2026

Is the decision by the Gauteng Department of Health to reduce treatment given to
non-citizen AIDS patients constitutional?

The Gauteng Department of Health has decided to reduce the treatment provided to
AIDS patients who are non-citizens because of a shortage of funds and an inability to
meet demand. This decision raises an important constitutional question: whether the
state may limit access to healthcare services based on citizenship. The Constitution of
the Republic of South Africa, 1996, is the supreme law and binds all organs of state.
Any conduct by the state that is inconsistent with the Constitution is invalid. This answer
argues that the decision is unconstitutional, as it violates the rights to healthcare,
equality and human dignity, and cannot be justified under the limitation clause, when
viewed in light of relevant Constitutional Court case law.

Application of the Bill of Rights

The Bill of Rights applies vertically to the state in terms of section 8(1) of the
Constitution. The Gauteng Department of Health is an organ of state and is therefore
directly bound by the Bill of Rights. The beneficiaries of most rights in the Bill of Rights