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Solidarity has issued a court application against the Director-General of Health, the Minister of Health, and the President to have sections 36 to 40 of the National Health Act declared unconstitutional.
These sections provide for the introduction of a “certificate of need” in terms of which healthcare practitioners will have to apply to the state for approval regarding where they may practise. According to Solidarity, the provisions of these sections and any subsequent regulations are unconstitutional and infringe on the rights of healthcare practitioners.
The Newcastillian – Online News focused on the subject in August 2021, highlighting issues brought forward by the trade union.
To read the initial article, click here.
Now, as Solidarity addresses the matter head-on, Henru Krüger, Head of the Health Guild at Solidarity, says, “Although the provisions contained in sections 36 to 40 of the National Health Act have not yet been implemented, proposed regulations have already been published that precede the implementation of the sections. The proposed regulations are clearly unconstitutional on various grounds as set out and discussed in Solidarity’s application. Instead of addressing the need for healthcare and broadening access to health care, the scheme is merely a license to be issued to practitioners if they meet the Director-General’s set requirements. This will be to the detriment of all South Africa citizens.”
Krüger goes on to say that the trade union believes the provisions are irrational and lack any logical connection to the alleged objectives.
“The proposed licensing requirements seriously infringe upon the rights of healthcare professionals to practice their profession according to their own discretion. Our healthcare staff are also citizens, and they also have rights like any other citizen who practises a profession of choice.”
Henru Krüger, Head of the Health Guild at Solidarity
Solidarity is applying for sections 36 to 40 to be removed from the National Health Act. Because, if these articles are implemented, it may result in the expropriation of health personnel’s property, at the expense of both practitioners and those who currently use their services.
“It is inconceivable that the government, which currently does not have the funds to place and train about 1 500 graduate doctors, is now turning to the facilities and staff of the private sector to expropriate it,” Krüger declared.
Solidarity stated that the application also enjoys the support of numerous practitioners across various health profession fields, voluntary associations that are active in the profession and representatives of all specialities.
“The objective of the state is clearly to pave the way for the NHI and to compensate for the bankruptcy of the state coffers. The Government wants to move to a system in which healthcare practitioners become servants of the state and in which the state centrally controls the delivery of healthcare. We cannot allow this. We are ready to fight it in court,” Krüger concluded.
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