The government’s National Health Insurance (NHI) proposals have dominated the headlines in recent months. The Free Market Foundation’s health policy unit too, has focused on that misdirected and flawed policy. But the NHI is not the only problem in our national health regime. The National Health Act (61 of 2003) is also holding SA back in terms of medical and healthcare development. The Good Law Project’s Principles of Good Law report, published in 2015, contained an introduction to the metalegal concept of "the rule of law". In brief, the rule of law means that objectively ascertainable principles of law govern society, rather than the arbitrary discretion or whims of politicians and bureaucrats. This is why "the rule of law" is distinguished from "the rule of man", which finds its expression in dictatorship or absolute monarchy. The tenets of the rule of law were adopted into SA’s legal regime in terms of section 1(c) of the Constitution, which states that the State is founded on ...

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