Mogalakwena Health has launched urgent proceedings in the High Court. This follows after a newly built R165 million private hospital in Mokopane was prevented from opening. The company has cited Health Minister Aaron Motsoaledi, acting National Health Department director-general Nicholas Crisp and Limpopo health authorities as respondents. Its application was filed in the Gauteng High Court in Pretoria. Mogalakwena Health…
Tag: Constitutional Court
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National Health Insurance: ConCourt Ruling Sparks Policy Rethink
South Africa’s Constitutional Court recently delivered a landmark judgment. The court struck down sections 36 to 40 of the National Health Act. These specific clauses contained the controversial “certificate of need” scheme. Under those rules, individual healthcare providers would have required state permission to establish practices. Officials wanted to dictate exactly where medical facilities could operate. Instead of viewing this…
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Concourt Ruling Strips Government Of Private Sector Controls
South Africa’s National Health Insurance (NHI) project has suffered a significant legal setback. The recent ConCourt Ruling confirmed that key provisions in the National Health Act are unconstitutional and invalid. The unanimous judgment was written by Justice Kate Savage. It upheld a high court order declaring sections 36 to 40 of the National Health Act inconsistent with the Constitution. These…
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National Health Act Ruling Challenges NHI Implementation
South Africa’s business and healthcare sectors are absorbing the fallout from a landmark apex court decision. The Constitutional Court has unanimously struck down the Department of Health’s controversial plan to regulate where private healthcare providers can operate. This definitive National Health Act ruling declares the “certificate of need” (CON) provisions to be irrational. The court found the provisions unconstitutional and…
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Certificate of Need Ruling Forces Health Licensing Rethink
South Africa’s Certificate of Need Ruling has reset the policy debate on where health professionals may practise. On Monday, 18 May 2026, the Constitutional Court confirmed that provisions allowing the state to control where doctors and nurses work are unconstitutional. The court ordered that the provisions be removed from the legislation. The legal challenge was brought by Solidarity, the Alliance…
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Certificate Of Need Ruling: ConCourt Strikes Down DoH Powers
South Africa’s certificate of need ruling has landed a major setback for government plans to direct where health services can operate. The Constitutional Court has declared the “certificate of need” provisions in the National Health Act unconstitutional. The decision ends a long legal fight that has run for more than two decades. The unanimous ruling confirms a 2024 Pretoria High…
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NHI Act Court Challenge: Fairness of Public Hearings
South Africa’s National Health Insurance (NHI) legislation faced renewed scrutiny in the Constitutional Court yesterday, with arguments centred on whether Parliament’s public participation process met constitutional standards. Western Cape Premier Alan Winde brought the case, claiming the National Council of Provinces (NCOP) rushed key hearings in Gauteng and the Western Cape, making “meaningful engagement” impossible. The challenge lands at a…
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NHI Funding: Court Hears Claims Of Blind NHI Approval
The National Health Insurance (NHI) programme faced renewed legal pressure yesterday. Constitutional Court justices questioned whether the public had enough information to participate meaningfully in the law-making process. At the centre of the dispute is NHI Funding Transparency. Debate continues over whether Parliament should have provided clearer cost and funding details before passing the bill. The NHI Act aims to…
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NHI Financial Architecture Shapes Medtech Investment
South Africa’s National Health Insurance (NHI) project is being treated as a political fight. Yet, for many healthcare operators and investors, it looks like something else. It looks like a financing build that was announced before the balance sheet was finalised. The Constitutional Court is scheduled to hear major challenges to the NHI Act from 5 to 7 May 2026.…
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Parliament’s NHI Process: ConCourt Tests Public Input On NHI
South Africa’s highest court will this week scrutinise Parliament’s NHI Process in two challenges that could reshape the National Health Insurance (NHI) rollout. The Constitutional Court has set aside three days, from 5 to 7 May 2026, to hear applications brought by the Board of Healthcare Funders (BHF) and the Western Cape government. The cases do not yet test the…
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NHI ConCourt Challenge: What’s At Stake For The Health System
South Africa’s National Health Insurance Act is one of the most ambitious legislative reforms since democracy’s advent. Its goal, universal health coverage, is widely supported. But ambition alone does not make legislation constitutional, and the upcoming NHI ConCourt Challenge will test this. The Board of Healthcare Funders (BHF) will appear before the Constitutional Court from 5 to 7 May. Its…
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NHI Constitutional Court Challenge: Key Issues Unpacked
South Africa’s National Health Insurance (NHI) project is heading into a critical legal test. President Cyril Ramaphosa is expected to argue before the Constitutional Court that the NHI is a necessary step to address deep inequality in access to healthcare inherited from apartheid. The case focuses on whether Parliament followed a constitutionally sound public participation process when passing the NHI…