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NATIONAL HEALTH ACT: MIXED MESSAGES ON CONCOURT RULING
- 19 May 2026
- Health & Safety
- SA Legal Academy
The Department of Health has issued a media statement intended to clarify the implications of the 18 May 2026 Constitutional Court ruling on sections 36 to 40 of the 2003 National Health Act, which deal with matters relating to proposed new health facility or agency certificate of need obligations.
According to the statement, these sections have never been operationalised. As a result, the department’s view is that the ruling has ‘no direct impact’ on the 2023 National Health Insurance (NHI) Act or its implementation – in anticipation of which the department ‘will continue with all necessary health system strengthening preparations’.
In fact, the National Health Act’s section 36 to 40 came into effect on 1 April 2104 by presidential proclamation in the Government Gazette – which was published on 31 March 2014. This is reflected in the most recently updated version of the Act, last reviewed by the Southern African Legal Information Institute (SAFLII) in February 2026.
Against that backdrop, a National Assembly Health Committee statement on the ruling tends to point to possibly justifiable concerns about its impact on NHI. Among other things, the statement notes that ‘the impugned provisions were intended to advance a more equitable distribution of healthcare services and improve planning and resource allocation throughout the country’.
With that in mind, Committee chair Faith Muthambi believes ‘the judgment should be viewed within the broader context of South Africa’s ongoing efforts to address long‑standing structural inequalities within the healthcare system’. To that end, Health Minister Aaron Motsoaledi and departmental officials will be invited to brief the committee on ‘the implications and consequences of the ruling – including its impact on existing policy frameworks, future legislative interventions and broader health system reforms’.
- departmental media statement
- committee media statement
- Constitutional Court ruling
- March 2014 presidential proclamation
- Act, updated (SAFLII)
Published by SA Legal Academy Policy Watch
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