Court declares sections of health act unconstitutional in major blow to NHI

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Court declares sections of health act unconstitutional in major blow to NHI
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Solidarity CEO Dirk Hermann described the judgment as a significant breakthrough in its fight against the NHI.

has been dealt a major legal blow after the Gauteng High Court in Pretoria declared sections 36 to 40 of the National Health Act that force doctors to register for a “certificate of need” are unconstitutional.

Reuse nuus: Solidariteit stamp pilaar van NGV in hof om. Artikel 36 – 40 van Nasionale Gesondheidswet, wat regering mag gee om te bepaal waar mediese praktisyns praktiseer, is deur hooggeregshof ongrondwetlik verklaar. Uitspraak beteken dele van NGV-wet waarskynlik onwettig.Sections 36 to 40 relate to the “Certificate of Need”, which the Health Department wants to adopt to exert more control over where doctors and medical professionals can practice in a specific area in the country.

In its application Solidarity argued that the requirement of a certificate of need infringes unlawfully on the right of health practitioners to practise their profession. “In essence, these sections would have empowered the government to capture medical practices almost entirely and to manage them at will – rather than them being run at the discretion of the doctors.

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