Solidarity topples NHI core pillar in court
24 July 2024
Solidarity achieved a major breakthrough in its fight against the National Health Insurance (NHI) when a core pillar on which the state’s centralisation of health care rests was declared unconstitutional in the High Court.
According to this judgment, sections 36 to 40 of the National Health Act, in terms of which the government would have the power to determine where medical practitioners may practise, are invalid in their entirety.
As a result of this specific case brought to court by Solidarity and other applicants, the controversial certificates of need have been crossed out. Consequently, the Health Department must also bear Solidarity’s and the other parties’ costs.
Solidarity Chief Executive Dr Dirk Hermann said years of hard work and sustained support from the general public as well as role players in the medical industry opposing the legislation have been justified with this judgment.