The Congress of South African Trade Unions (Cosatu) urges the Department of Health to appeal the Pretoria High Court’s ruling on health legislation unconstitutional.
The High Court declared sections 36 to 40 of the National Health Act 61 of 2003 invalid in their entirety. And it has scraped them from the Act.
These sections formally deal with the certification of need (CoN). It’s a licensing system allowing doctors area of practice.
Doctors need to apply for CoN for everything they do in relation to healthcare. This includes opening a practice and the medical equipment they plan to use.
Wants matter to be taken to a higher court
Matthew Parks, Cosatu parliamentary coordinator, commented on the matter. He said stroked down sections of the Act were important under the National Health Insurance (NHI). And he believed a higher court would interpret the matter differently.
“It is critical that not only must government take this matter up on review. But it must also prepare the sharpest legal minds in the nation to defend the NHI from other court challenges by industry.
“Equally, it is critical the pending medium-term budget policy statement accelerate rolling out the building blocks of the NHI. The filling of critical health worker vacancies and formalising the permanent appointment of community health workers. Also upgrading public healthcare infrastructure and rolling out primary healthcare in all our communities,” said Parks.
Workers and citizens still struggle to access healthcare
He said Cosatu and its affiliates represented the majority of healthcare workers. These workers still struggle to keep up with medical aid costs. It also also thought of the large number of citizens who also struggled to afford medical aid.
He said premature deaths were a result of the unaffordable private industry. Parks also blamed the under-resourced public healthcare infrastructure. The sector also faces overwhelming numbers of patients.
Ready to defend NHI in court
“Thirty years into democracy, we cannot continue to be a nation where 16% have access to quality healthcare. And 84% struggle to received life-saving treatment. The NHI has succeeded in many nations, most noticeably in Scandinavia.
“Cosatu and its affiliates will continue to be steadfast in defence of the NHI. This is including joining government as a friend of court as we wage the battle in court. This is a struggle we dare not and will not lose,” said Parks.
