Click here to read the full judgment on Saflii
Solidarity Trade Union, professional associations, and private health practitioners challenged constitutionality of certificate of need scheme requiring approval from Director General before providing prescribed health services – High Court declared provisions invalid, requiring confirmation – Constitutional Court held challenge ripe, scheme irrational, vested sweeping discretionary powers without safeguards, and unjustifiably limited section 22 right to choose trade or profession – Invalidity confirmed – National Health Act 61 of 2003, ss 36–40.
EMAIL THIS ARTICLE SAVE THIS ARTICLE ARTICLE ENQUIRY FEEDBACK
To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here
