South Africa’s (SA) Constitutional Court has declared parts of the National Health Act (NHI) invalid, finding that some provisions placed unfair limitations on the rights of health care practitioners and facilities.
The law required healthcare providers to obtain state approval before opening, expanding or relocating practices a requirement the court says failed to strike a proper balance between competing rights and interests.
The case was brought by the Board of Healthcare Funders, which argued that Parliament did not allow for meaningful public participation during the legislative process.
The Western Cape Province, government also challenged the process, claiming that the National Council of Provinces did not follow the correct procedures when approving the legislation.
The court has ordered the respondents to pay legal costs, including those of counsel.
–SABC–
