The Pretoria High Court has ruled against sections in the National Health Act that would have allowed the state to direct private hospitals and health professionals to specific locations. Judge Anthony Millar found these sections to be unconstitutional, as they would have given the government too much control over private healthcare.
The contested sections included a Certificate of Need (CON) scheme, which would have required private healthcare providers to apply for a certificate to practice in a particular area. The judge ruled that this scheme violated the Constitution and was not rational.
The court’s decision was a victory for organizations representing the private healthcare industry, who argued that the CON scheme would infringe on their rights and drive up healthcare costs.
Judge Millar’s ruling emphasized that the government’s attempt to force private healthcare providers to relocate was unfair and impractical. The court struck down the sections in question and ordered the judgment to be lodged with the Constitutional Court Registrar.
This decision is a significant win for private healthcare providers and upholds their right to operate independently without undue government interference.
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