Minister of Health, Dr Aaron Motsoaledi, said he was deeply concerned about the high court ruling declaring a part of the National Health Act unconstitutional. The relevant sections deal with plans by the government to regulate where doctors can work and hospitals can operate. Even more so, Motsoaledi said, he was also disturbed by attempts to link this to the National Health Insurance.

Listen to this article 9 min Listen to this article 9 min "Why is it that in this country you cannot just erect a filling station anywhere or erect a huge mall anywhere, but a healthcare facility is not supposed to be regulated similarly? Where are property rights in these other instances?" Dr Aaron Motsoaledi asked early on Friday as he bemoaned a ruling by the Gauteng Division of the High Court in Pretoria declaring parts of the National Health Act unconstitutional.

The order, given by Judge Anthony Millar ,declared five sections of the National Health Act to be unconstitutional.

It took a day or two for Motsoaledi to comment, but when he did he came out swinging in a statement issued in the early hours of Friday.

He equated litigation about health rights to a war between the rich and the poor and said it was similar to litigation about the expropriation of land without compensation.

"We have been inundated with calls and enquiries from concerned people who were made to believe that indeed NHI has been declared unconstitutional by a court of law.

"They have even started celebrating their perceived demise of NHI," said Motsoaledi.

He said the...