Solidarity launches legal process on “certificate of need”
30 August 2021
Solidarity today in a legal message warned the President not to enact sections 36 to 40 of the National Health Act. These sections make provision for the introduction of a “certificate of need” in terms of which healthcare practitioners will have to apply to the state for a decision on where they may practise.
According to Solidarity, the provisions of these sections, as well as any resultant regulations, are unconstitutional and unlawfully encroach upon the rights of healthcare practitioners.
“The proposed provisions are extremely worrying and are obviously unconstitutional on various grounds. Instead of broadening access to health care, this scheme will increase distrust between practitioners and the state to the detriment of all South African citizens,” explained Henru Krüger, head of the Medical Guild at Solidarity. “We believe the provisions are irrational and without any logical link to the alleged objectives. A certificate of need will also seriously encroach upon the rights of our medical staff to exercise their profession according to their own discretion. Our health personnel are also citizens and also have rights. They are not merely assets of the state that may be allocated according to the government’s preferences.”
Solidarity also argues that the proposed scheme boils down to expropriation of medical personnel’s property at the cost of both the practitioners and those who currently are using their services.