National Health Act | ConCourt rules Certificate of Need provision unlawful

Government will now have to rethink its strategy to improve private healthcare access after the Constitutional Court invalidated parts of the National Health Act.

Sections 36 to 40 of the Act would have forced healthcare providers to get a “Certificate of Need” from the government before opening a practice or expanding their services.

Trade union Solidarity brought the application to the apex court last year after it had successfully argued the provisions were unconstitutional in the Pretoria High Court in 2024.

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