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Constitutional Court.
The Constitutional Court will on Tuesday morning hear the case that trade union Solidarity and others have brought challenging the constitutionality of the National Health Act (NHA) and the National Health Insurance Act.
In July last year, the North Gauteng High Court in Pretoria declared certain sections of the NHA unconstitutional.
The Health Minister appealed the ruling and the matter is now with the Constitutional Court.
The applicants are arguing that the provisions made in the National Health Act empower the state to prohibit and limit the activities of private health providers in certain geographical areas.
The applicants further argue that the provisions are arbitrary and irrational, vesting discretionary power in the hands of two administrators without constraint.
However, the first and the third respondents, namely the Minister of Health and the Director General, argue that the provisions are necessary to give effect to the transformation. They further dispute that the impugned provisions are unconstitutional.
