DA welcomes finding that Certificates of Need are unconstitutional; notes implication for NHI

24 July 2024

The DA welcomes the Gauteng High Court ruling that Certificates of Need (CONs) in the National Health Act (Clauses 36 – 40) are unconstitutional. It is important to note that the ruling now has to go to the Constitutional Court for confirmation.

The Act uses CONs to determine whether health practitioners may establish or acquire a practice or provide a health services.

The ruling has important implications for the implementation of the National Health Insurance (NHI) Act as the Act heavily relies on CONs for the placement of service providers, like doctors or nurses, in specific communities.

The DA has always been committed to our belief in universal quality healthcare for all who call South Africa home but remains adamant that the NHI is not the vehicle for this as it will cause much damage to both the public and private health sectors.

Issued by Michele Clarke, DA Spokesperson on Health, 24 July 2024