South Africa

We found no evidence of any official restrictions on entry to South Africa based on HIV status.

According to UNAIDS and the US Department of State, South Africa does not have any HIV-related restrictions on entry.

Nothing on the websites of the Department of Home Affairs or the Embassy of South Africa in Washington suggests an HIV-related restriction on entry.

We found no evidence of any official restrictions on short-term stay in South Africa based on HIV status.

According to UNAIDS and the US Department of State, South Africa does not have any HIV-related restrictions on short-term stay.

It is unclear whether South Africa imposes restrictions on long-term stay of people living with HIV.

According to the information available on the website of the Department of Home Affairs, the documents required to apply for a long-term temporary residence visa, include ‘medical and radiology reports (radiology reports are not required for children under the age of 12 years and pregnant women)’.

According to the information available on the website of the Department of Home Affairs, the list of reasons why a person would be considered as ‘prohibited person’ to obtain a Permanent Residency (Immigration) permit is to be ‘infected with infectious diseases that can spread easily. These diseases include cholera; pestilence, yellow fever and any other diseases as determined by the Department of Health from time to time.’ 

The documents required for permanent residence permit include a ‘medical report for all applicants. The certificate must not be older than six (6) months at the time the applicant submits an application.’

Similarly, according to the information available on the website of the South Africa High Commission in Ottawa, among the basic visa requirements for more than 90 days visa:

• Medical Report (BI-811) with dates not older than 6 months and must have office stamp. Names must be written clearly not on stickers. No hand written address or stickers. Original form required. No faxed/photocopies.
• Radiological Report (BI-806) with dates not older than 6 months and must have office stamp. Names must be written clearly not on stickers. No hand written address or stickers. Original form required. No faxed/photocopies. Medical doctors can sign and stamp the form on behalf of radiologist if they have reviewed the x-ray results. Print this form and give to your doctor as it has instructions that are necessary (not required for children under 12 years and pregnant women);
• A vaccination certificate, if transiting through a yellow fever belt country.

It should be noted that the Medical Report requires the Medical Practitioner to state that the applicant ‘is not suffering from leprosy, venereal disease, trachoma, or other infections or contagious condition.’

It is not clear whether these documents would require HIV testing or disclosure.

The following summarises available information on access to healthcare for people living with HIV in South Africa. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.

Sonke Gender Justice reports that everyone in South Africa, regardless of their nationality or documentation status, has the right to access treatment for HIV (Antiretroviral Treatment).

• Refugees and asylum seekers, with or without permits, can access the same basic health care services as South African citizens (which means it is free at point of use, but can be charged thereafter), and
• Refugees and asylum seekers, with or without permits, can access Antiretroviral Treatment in cases of HIV.

This does not mean that all services are free. Primary healthcare services are provided free of charge, but higher levels of care are subject to a fee. In these cases, refugees and asylum seekers are subject to a means-test, which calculates the fee depending on the patient’s income. This is the same test that is applied to South African citizens.

However, practices might differ, and interpretation of these laws is not always the same in reality. Provincially, the Department of Health publish circulars that can contradict the national law.

• UNAIDS
• US Department of State
• Department of Home Affairs
• Embassy of South Africa in Washington
• Permanent Residency (Immigration)
• South Africa High Commission in Ottawa

Migrant populations

Refugees and asylum seekers