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…
Tag: Health Regulation
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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…