Health regulations court case reveals contemptuous consultation approach
28 March 2022
The Minister of Health seems to have ignored advice from his own advisers when he promulgated the surveillance regulations under the National Health Act on 4 May. These and other serious shortcomings are evident from the records of decision of the Minister and his department, which Sakeliga obtained in terms of the court rules in our case against the Minister.
Record of decision making
The records provided to Sakeliga give rise to the following impressions:
The Minister’s own advisers warned him that he would act procedurally and substantively improperly and illegally by promulgating the regulations and that his regulations would not survive challenge in court;