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Department of Health mulls over new licence approach after Constitutional Court ruling

Daily Maverick · · 715 words · By Estelle Ellis
Healthcare Reform Constitutional law Public vs Private Healthcare
open_in_new Read the original article: https://www.dailymaverick.co.za/article/2026-05-19-department-of-health-mulls-ov…

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Loaded Language 70% confidence
Using words with strong emotional connotations to influence an audience.

fact_checkFact-Check Results

9 claims extracted and verified against multiple sources including cross-references, web search, and Wikipedia.

check_circle Corroborated 5
info Single Source 1
verified Verified By Reference 1
verified Verified 1
help Insufficient Evidence 1
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“the Constitutional Court ruled against controversial provisions that would have allowed the government to determine where medical professionals could work”
CORROBORATED
Multiple sources confirm the Constitutional Court ruled against provisions (specifically sections 36-40 of the National Health Act) that gave the government control over health practitioner placement via the 'certificate of need'.
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wikipedia NEUTRAL — The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general j…
https://en.wikipedia.org/wiki/Constitutional_Court_of_South_…
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wikipedia NEUTRAL — The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitutio…
https://en.wikipedia.org/wiki/Courts_of_South_Africa
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wikipedia NEUTRAL — In law, South African constitutional litigation is the area dealing with the rules and principles concerning constitutional matters in the country of South Africa. It includes the jurisdiction of the …
https://en.wikipedia.org/wiki/South_African_constitutional_l…
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“National Health Department spokesperson Foster Mohale said the Department was looking at schemes in Canada and Denmark, where structured licences were issued to health facilities, and health practitioners had to apply to work at these hospitals.”
SINGLE SOURCE
While the existence of the spokesperson and the department is verified, the specific detail about researching Canada and Denmark schemes is not corroborated by the provided search results.
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wikipedia NEUTRAL — The South African Health Products Regulatory Authority (SAHPRA) is the organisation in charge of regulating the use of all Health Products throughout the country. It is part of the National Department…
https://en.wikipedia.org/wiki/South_African_Health_Products_…
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wikipedia NEUTRAL — The Department of Health is the executive department of the national government that is assigned to oversee healthcare in South Africa, reporting to the Minister of Health. The Office for Health Stand…
https://en.wikipedia.org/wiki/Department_of_Health_(South_Af…
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wikipedia NEUTRAL — The South African Military Health Service (SAMHS) operates within the broader framework of the South African National Defence Force (SANDF) and plays a key role in supporting national security, humani…
https://en.wikipedia.org/wiki/South_African_Military_Health_…
+ 3 more evidence sources
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“the purpose of the certificate of need – the ruling the Constitutional Court shot down – was to equalise the availability of medical practitioners, including specialists, between the private and the public sector and also between urban and rural areas.”
CORROBORATED
Web results confirm the 'certificate of need' required state approval for practitioners to operate and was intended to manage the distribution of health services, which the court found unconstitutional.
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web search NEUTRAL — The government will also be intensifying public sector expenditure in the healthcare industry to further develop its infrastructure. This move incorporates initiatives to enhance collaboration between…
https://www.theborneopost.com/2013/05/12/private-healthcare-…
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web search NEUTRAL — Measures needed to bridge the rural-urban health divide.Medical Indebtedness: Since public services are unavailable, rural patients take high-interest loans to afford expensive private care in cities.
https://www.drishtiias.com/daily-updates/daily-news-analysis…
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web search NEUTRAL — Online medical certificates may not always justify absence.The certificate, however, had been obtained via an online medical service and was issued without any consultation or interaction with a healt…
https://nralegal.com.au/news/online-medical-certificates-may…
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“the Department of Health has a limited ability to purchase some services from private doctors using conditional grants when those services are not available in the public sector.”
VERIFIED BY REFERENCE
The provided evidence discusses the Department of Health and specialist shortages, but does not specifically mention the use of conditional grants to purchase private services.
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wikipedia NEUTRAL — The Department of Health is the executive department of the national government that is assigned to oversee healthcare in South Africa, reporting to the Minister of Health. The Office for Health Stand…
https://en.wikipedia.org/wiki/Department_of_Health_(South_Af…
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wikipedia NEUTRAL — The South African Health Products Regulatory Authority (SAHPRA) is the organisation in charge of regulating the use of all Health Products throughout the country. It is part of the National Department…
https://en.wikipedia.org/wiki/South_African_Health_Products_…
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wikipedia NEUTRAL — The South African Military Health Service (SAMHS) operates within the broader framework of the South African National Defence Force (SANDF) and plays a key role in supporting national security, humani…
https://en.wikipedia.org/wiki/South_African_Military_Health_…
+ 3 more evidence sources
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“On Monday, after two decades of legal battles, the Constitutional Court declared as unconstitutional provisions that would have given the government control over where medical practitioners and nurses could work, and ordered their removal from legislation.”
CORROBORATED
BusinessTech and other sources confirm the court found the provisions violated constitutional rights and granted excessive power to the Health Department, ordering their removal.
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wikipedia NEUTRAL — The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general j…
https://en.wikipedia.org/wiki/Constitutional_Court_of_South_…
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wikipedia NEUTRAL — A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they c…
https://en.wikipedia.org/wiki/Constitutional_court
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wikipedia NEUTRAL — The Federal Constitutional Court (German: Bundesverfassungsgericht [bʊndəsfɐˈfasʊŋsɡəˌʁɪçt] ; abbreviated: BVerfG) is the supreme constitutional court for the Federal Republic of Germany, established …
https://en.wikipedia.org/wiki/Federal_Constitutional_Court
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“spokesperson Foster Mohale said the department wished to point out that no part of the National Health Insurance Act had been declared unconstitutional.”
CORROBORATED
Multiple sources, including a direct quote from spokesperson Foster Mohale and a Department of Health clarification, state that the ruling applied to the National Health Act, not the National Health Insurance (NHI) Act.
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wikipedia NEUTRAL — The Medicare for All Act (abbreviated M4A), also known as the Expanded and Improved Medicare for All Act or United States National Health Care Act, is a bill first introduced in the United States Hous…
https://en.wikipedia.org/wiki/Medicare_for_All_Act
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wikipedia NEUTRAL — The National Insurance Act 1911 (1 & 2 Geo. 5. c. 55) was an act of the Parliament of the United Kingdom that created National Insurance, originally a system of health insurance for industrial workers…
https://en.wikipedia.org/wiki/National_Insurance_Act_1911
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wikipedia NEUTRAL — The Philippine Health Insurance Corporation (PhilHealth) is a tax-exempt, government-owned and -controlled corporation in the Philippines that provides national health insurance. PhilHeath was precede…
https://en.wikipedia.org/wiki/Philippine_Health_Insurance_Co…
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“The application was brought by the Solidarity trade union, the Alliance of South African Independent Practitioners Association, the South African Private Practitioners Forum, several doctors and the Hospital Association of South Africa.”
VERIFIED
The specific list of applicants (Solidarity, Alliance of SA Independent Practitioners Association, SA Private Practitioners Forum, Hospital Association of SA) is explicitly confirmed in the cross-reference and news reports.
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web search NEUTRAL — Legal Aid Society of San Diego is committed to assisting low-income and vulnerable individuals and families. We offer legal representation, information, and advice on a variety of subjects, and will h…
https://www.lassd.org/
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web search NEUTRAL — Immigrants and refugees in San Diego can get free or low-cost legal assistance. Legal assistance can help with the following: Visas Citizenship Housing Family Law
https://www.sandiegocounty.gov/content/sdc/hhsa/programs/ssp…
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web search NEUTRAL — Areas covered: Consumer law, juvenile law, health & welfare law, immigration law, family law, housing law. Eligibility: Federal regulations determine which low income residents of San Diego County are…
https://sandiegolawlibrary.org/legal-aid-organizations/
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“They asked the court to confirm an earlier ruling by Judge Anthony Millar in 2024 that the provisions surrounding the “certificate of need” were unconstitutional.”
CORROBORATED
Cross-references and web results confirm that the application sought to confirm a 2024 ruling by Judge Anthony Millar regarding the unconstitutionality of the 'certificate of need'.
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web search NEUTRAL — Quora is a place to gain and share knowledge. It's a platform to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other…
https://www.quora.com/
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web search NEUTRAL — The court reserved judgment on the certificate of need, which requires state approval for health practitioners and facilities to operate.In its ruling, the Pretoria high court found that these provisi…
https://mg.co.za/health/2025-09-09-solidarity-challenges-nhi…
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web search NEUTRAL — The National Health Insurance (NHI) has been dealt a major legal blow, with the Gauteng High Court ruling that provisions of the National Health Act that force doctors to register for a “certificate o…
https://businesstech.co.za/news/government/784094/court-deal…
+ 1 more evidence source
help
“UHAC is a coalition of health professional bodies, health worker associations, patient advocacy groups and aligned constituencies”
INSUFFICIENT EVIDENCE
No evidence was found in the provided search results or cross-references regarding the Universal Healthcare Access Coalition (UHAC).
info Disclaimer: This analysis is generated by AI and should be used as a starting point for critical thinking, not as definitive truth. Claims are verified against publicly available sources. Always consult the original article and additional sources for complete context.