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…
Tag: National Health Act
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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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‘Certificate of Need’ Faces Constitutional Court Battle
The future of where doctors can practise and where hospitals can be built in South Africa hangs in the balance. The Constitutional Court is considering the validity of the controversial “Certificate of Need” (CoN) provisions within the National Health Act. The top court heard arguments on Tuesday regarding a law that could force medical professionals to work in underserved rural…
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High Court ruling on certificate of need not linked to NHI
Last week, the Pretoria High Court overturned the certificate of need requirement that controls where doctors work and healthcare facilities are set up. Health Minister Aaron Motsoaledi clarified that this judgment is unrelated to the National Health Insurance (NHI) scheme. The certificate of need was part of the National Health Act, introduced 20 years before the NHI Act. The court…