I am a foreign national and can't access ARVs. Please help me!

The long answer

This is certainly a very difficult time for foreigners to access ARVs, but the first point to remember is that Section 27 of the South African Constitution guarantees the right to access healthcare, regardless of nationality or immigration status. 

The South African Human Rights Commission (SAHRC) has emphasized that this constitutional right applies to everyone in South Africa, including citizens, refugees, asylum seekers, documented and undocumented migrants.   

The Scalabrini Centre of Cape Town has said that “Everyone in South Africa, regardless of their nationality or documentation status, has the right to access treatment for HIV (Anti-Retroviral Treatment) and TB. The Department of Health 2007 Circular confirms this.”

So why are foreigners struggling to access ARVs? Firstly, while South Africa is known for having very good laws, it is also known for not having very good implementation of these laws. Kopanang Africa Against Xenophobia has accused the police and the department of health of not doing enough to stop the anti-foreigner organisation Operation Dudula from barring migrants from accessing healthcare centres. 

As you must know, Operation Dudula has been preventing people who cannot show them a South African ID from accessing health care at public hospitals and clinics over Gauteng and in parts of KwaZulu-Natal. This is of course illegal, but it seems that some security officers at hospitals are turning a blind eye to this. Kopanang has taken Operation Dudula to court to get an interdict preventing it from barring migrants from accessing health care centres and to hold state organs like police and the health department accountable for failing to protect migrants from this illegal behaviour. 

In a GroundUp article by Tania Broughton on 4 November 2025, Judge Leicester Adams has barred members of Operation Dudula from targeting foreign nationals, demanding IDs and uttering hate speech. 

In October 2025 the SAHRC tried to urgently interdict Operation Dudula (and another organisation called March and March) from preventing migrants from accessing medical care outside hospitals and clinics in Durban. But Acting Judge David Saks struck the SAHRC’s urgent application from the court roll, on the grounds that it was not urgent enough to justify giving Dudula only two days to respond. So the SAHRC will re-apply.

The second factor that is making it much more difficult to access ARVs is the US government’s decision to stop the President’s Emergency Plan for AIDS Relief (PEPFAR). This has meant that HIV clinics supplying ARVs across Africa have been forced to close.

So what can you do? 

You could approach one or more of the following organisations for assistance:

• The UN High Commissioner for Refugees (UNHCR): the UNHCR specifically supports access to ARVs for refugees and can help ensure they receive the same standard of care as host populations. They can be a good first point of contact for refugees and asylum seekers facing challenges.

These are their contact details:

UNHCR Toll-Free Helpline for refugees and Asylum seekers in South Africa: Call 0800 100 030 (Operating Hours: Monday to Thursday 9am to 4pm; Fridays 9am to 1pm)

Address: 351 Francis Baard Street, Metro Park Building, 10th Floor, Pretoria

• The Treatment Action Campaign (TAC): the TAC has a long history of fighting for access to HIV treatment, and can give support and guidance if you are unable to access ARVs from public hospitals and clinics. 

These are their contact details:

Tel: 021 422 1700 or 011 100 4721

Email: info@tac.org.za

Address: Nedbank House, 10th Floor, 85 Main Street, Marshalltown, Johannesburg

• The Networking HIV and AIDS Community of Southern Africa (NACOSA): NACOSA facilitates networking, provides access to services, strengthens community systems, and manages resources and funding for civil society organizations.

NACOSA has six branches in South Africa, and you can contact their Head Office in Cape Town to find out where the nearest branch is to you. 

These are their contact details.

Tel: 021 552 0804

Address: Canal Walk, 3rd, 5th and 6th Floor, East Office Tower, Century Boulevard, Century City

• The Desmond Tutu Health Foundation (DTHF): the DTHF mostly does research, but it also runs community development programmes and clinics that have a history of providing treatment and care, and may be able to offer guidance or referral.

These are their contact details:

Tel: 021 301 2020

Email: info@hiv-research.org.za

Address: 3 Woodlands Road, Woodstock, Cape Town

• The Scalabrini Centre of Cape Town: this organisation assists asylum seekers and refugees in accessing public healthcare in South Africa and can provide useful information on rights and processes.

These are their contact details:

Tel: 021 465 6433

Email: info@scalabrini.org.za

Address: 47 Commercial Street, Cape Town

Wishing you the best,
Athalie