Trade union Solidarity has argued that the Constitutional Court should uphold an order by the high court in Pretoria, which found sections 36 to 40 of the National Health Act to be unconstitutional. The National Department of Health is appealing against the ruling in the name of transformation and health equality.

Trade union Solidarity has argued that the Constitutional Court should uphold an order by the high court in Pretoria, which found sections 36 to 40 of the National Health Act to be unconstitutional. The National Department of Health is appealing against the ruling in the name of transformation and health equality.

On Tuesday, 9 September, the Constitutional Court heard the case that the trade union Solidarity and other groups have brought against the National Health Act 61 of 2003 (NHA), challenging health legislation that would require doctors and health practitioners to obtain a "certificate of need" before being allowed to practise in a particular area.

The proceedings follow a ruling of the Gauteng Division of the High Court in Pretoria in July 2024, which made findings in favour of Solidarity and declared that sections 36 to 40 of the National Health Act were invalid in their entirety and should be severed from the Act. These sections establish and regulate the certificate of need scheme.

The National Department of Health, along with Minister of Health Dr Aaron Motsoaledi and Director-General of the National Department of Health Dr Sandile Buthelezi, is appealing against the high court ruling in the Constitutional Court, seeking...