BL Premium reports that the High Court in Pretoria has rescinded a far-reaching judgment that scuppered the Health Minister’s plans for determining where doctors work, saying he should be given an opportunity to have his day in court.
The case centres on the “certificate of need” provisions in the National Health Act and is important because these measures are an integral part of the government’s plans for National Health Insurance (NHI). Under NHI, the health department intends to manage the distribution of health services by requiring doctors and health facilities to obtain a certificate of need before they can establish or expand a practice. Acting judge Thembi Bokako last June upheld an application by trade union Solidarity and six other parties challenging the constitutionality of the Act’s certificate of need provisions. The matter was not opposed by the minister and the judge only heard arguments from the applicants. Bokako ruled in a default judgment that sections 36-40 of the Act were unconstitutional and invalid and should be set aside. But, in a ruling handed down on 14 June, Judge Brenda Neukircher agreed with the department’s argument that the minister of health had not been properly informed of the legal proceedings. When the sheriff of the court attempted to serve notice of motion on the minister and was told by the receptionist at the minister’s office that no-one in the legal department was available, the sheriff left without serving the papers on anyone. The emails sent by the applicants’ attorneys to the respondents did not constitute service for initiating proceedings in terms of the uniform rules of court, Neukircher said. She gave the health department 30 days to file its responding affidavit to the issues raised by Solidarity and its co-applicants. Solidarity spokesperson Perriu Marx said the organisation’s position remained unchanged, and it had no further argument to make to the court.
- Read the full original of the report in the above regard by Tamar Kahn at BusinessLive (subscriber access only)
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