DA's position on ‘Certificates of Need' vindicated by Con Court

27 January 2015

The DA welcomes the Constitutional Court's vindication of the party's position regarding ‘Certificates of Need'.

Today the Constitutional Court set aside Proclamation 21 of 2014, which criminalised the provision of health services without a properly issued certificate of need. It has been near impossible thus far to obtain a certificate of need because the Health Minister, Dr Aaron Motsoaledi, has not yet prescribed regulations regarding the application and granting of certificates. 

We are delighted the Constitutional Court has vindicated the DA's long held contention that Proclamation 21 was at odds with the Constitution, which guarantees everyone the right to life and access to health care.

The Constitutional Court found that the issuing of the proclamation had led to an untenable and unintended situation which could inhibit or discourage health care practitioners from providing essential services, at the risk of criminal sanctions for doing so.

When I met with Minister Motsoaledi in June 2014 and I raised the issue and pressed him to reconsider the matter and bring it back to the Portfolio Committee on Health for discussion. Had this been done, this piece of legislation would never have been passed and the Court's time preserved.

Parliament should never pass legislation without first interrogating the regulations.

Government must now focus on finding ways to incentivise medical professionals to establish clinics and related services in under-serviced areas, instead of adding more red tape.

Statement issued by Dr Wilmot James MP, DA Shadow Minister of Health, January 28 2015

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