NHI's 'certificate of need' challenged in concourt

The Constitutional Court this week reserved judgment in a case challenging the “certificate of need”, a central feature of the government’s National Health Insurance (NHI) scheme.

- Umamah Bakharia

The case was brought by trade union Solidarity and the Board of Healthcare Funders, which represents about 40 medical schemes. They are asking the court to confirm a Pretoria high court ruling in July 2024 that struck down the certificate of need provisions in the National Health Act of 2003.

The state, represented by the health minister, the presidency and the director general of health, opposed the application, asking the apex court to overturn the high court ruling.

Sections 36 to 40 of the Act require every health establishment, health agency and health personnel providing prescribed services to obtain a certificate of need before they may operate. In its ruling, the Pretoria high court found that these provisions were unconstitutional and should be severed from the Act.