Last week, the Pretoria High Court overturned the certificate of need requirement that controls where doctors work and healthcare facilities are set up. Health Minister Aaron Motsoaledi clarified that this judgment is unrelated to the National Health Insurance (NHI) scheme.
The certificate of need was part of the National Health Act, introduced 20 years before the NHI Act. The court found these provisions unconstitutional, which may impact the government’s NHI plans. The certificate of need is aimed at managing where private healthcare facilities and professionals operate.
Judge Anthony Millar criticised the scheme, calling it irrational and unconstitutional. He argued that the certificate of need would not effectively redistribute healthcare facilities and would hinder private healthcare investments.
Motsoaledi disagreed with the court’s findings, stating that the ruling focuses on property rights over health rights. He emphasised the department’s commitment to supporting the poor and indicated the possibility of an appeal.
The Minister also addressed misleading media reports, asserting that the certificate of need regulates healthcare quality and ensures facilities are appropriate for their areas, a practice common in many countries. He highlighted the Health Market Inquiry’s recommendation for a centralised licensing regime to improve access to healthcare.