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BL Premium reports that the North Gauteng High Court has postponed the Department of Health’s (DOH’s) application to scrap a judgement handed down earlier in 2022, which torpedoed its plans for deciding where doctors work.
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 requires confirmation by the Constitutional Court (ConCourt) before it comes into effect. Under NHI, the government intends to manage the distribution of health services by requiring healthcare professionals and facilities to obtain a certificate of need before they can set up shop or expand a practice. The DOH, which did not oppose Solidarity’s original high court application, launched a high court bid on 28 July to rescind Bokako’s judgement. It then launched a stay application on 27 September to delay the ConCourt’s confirmation of her finding of unconstitutionality, pending the outcome of its recission application. On Tuesday, acting judge Jaco van Heerden ruled that the recission application be postponed while the ConCourt considered the matter, and awarded costs to Solidarity. “Without [the certificate of need], they cannot tell doctors where and how they should practice. The medical sector in SA does not need yet more bureaucracy … this type of legislation leads to ineffective care, a sicker country, and outrage among medical staff whose rights are being trampled on,” Solidarity’s deputy CEO for legal matters, Anton van Bijl, commented.
- Read the full original of the report in the above regard by Tamar Kahn at BusinessLive (subscriber access only)
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