Health department’s court bid to scrap ruling on certificate of need is postponed
Under NHI, the government intends to manage the distribution of health services by requiring doctor and facilities to obtain a certificate of need before they can set up shop or expand a practice
The North Gauteng High Court has postponed the health department’s application to scrap a judgement handed down earlier in 2022, which torpedoed its plans for deciding where doctors work, pending the outcome of the Constitutional Court’s decision on whether to ratify the ruling.
In June, acting judge Thembi Bokakao upheld an application brought by trade union Solidarity and five other parties challenging the constitutionality of the National Health Act’s “certificate of need” provisions, which are an integral part of the government’s plans for National Health Insurance (NHI). Her ruling, which found sections 36 to 40 of the Act were unconstitutional and invalid, requires confirmation by the Constitutional Court before it comes into effect...
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