Pretoria, 25 July 2024

The South African Medical Association (SAMA) applauds the recent decision by the Gauteng North High Court, which declared sections 36 to 40 of the National Health Act unconstitutional. These sections pertained to the controversial "certificate of need (CoN)," a requirement that healthcare practitioners seek state approval before establishing practices in specific areas.

This ruling follows the government’s proclamation more than a decade ago, that the CoN provisions would be effective from April 2014. While the CoN seeks to optimise resource use and improve healthcare equity, its implementation has faced challenges, including administrative burdens, resistance from private sector stakeholders, and resource constraints for effective monitoring and enforcement.

Dr Mvuyisi Mzukwa, Chairperson of SAMA, emphasised the importance of consultation and collaboration with healthcare providers. "The court's ruling validates our stance that practitioners' rights and expertise must be respected," Dr Mzukwa stated. "This ruling serves as a crucial lesson for the government's National Health Insurance (NHI) plans, emphasising the need for genuine engagement with stakeholders."

SAMA calls on the government to learn from this experience and to prioritise meaningful dialogue with healthcare professionals as it develops future policies. The focus should remain on improving healthcare delivery, ensuring access, and respecting practitioners' autonomy.

(ENDS)