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Empty bed inside of a healthcare facility.
Judgment in the matter between Solidarity Trade Union and others versus the Health Minister, Department of Health Director-General and the President has been reserved.
The Constitutional Court heard an application for confirmation of a declaration of invalidity made by the Pretoria High Court on section 36 to 40 of the National Health Act.
The applicants in the matter 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.
Probing the applicants, Justice Rammaka Mathopo questioned if they were not being hasty in their application, as the National Health Act regulations have not yet been established.
“But if the respondents say wait until you hear how the DG is going to be exercising his or her functions and your fear may be allayed and in other words, they’re saying you put in the cart before the horse. When the regulations come out in the wish you will find that what you’ve been complaining about actually has no merit. Should we wait or should we intervene?”
LIVE: ConCourt hears NHA legal challenge
