Update on the National Health Act
22 Jun 2026
Estimated read time:
1 min read
Graham Craig, Regional Director for South Africa Medical Protection, discusses the recent ruling from the Constitutional Court on the Certificate of Needs provision (sections 36-40 of the National Health Act).
What has happened?
A recent ruling by the Constitutional Court relates to sections 36-40 of the National Health Act – which specifically refer to the Certificate of Need provisions.
Under the proposed scheme, these sections meant that a certificate would be required to establish, construct, modify, acquire, or continue operating a health establishment or agency in South Africa. The requirement also extended to the acquisition of health technology and the provision of certain prescribed health services.
What do members need to know?
- Doctors can continue to choose where they practise without requiring a Certificate of Need.
- The ruling reinforces that any future reform impacting professional autonomy must be constitutionally compliant and procedurally fair.
- This ruling does not stop the National Health Insurance Act or broader healthcare reform.
- The government currently seems to be committed to the broader National Health Insurance direction, albeit implementation will take time.
At Medical Protection, we remain committed to supporting our members and safeguarding their professional needs. We recognise the importance of equitable access to healthcare, but also emphasise that reforms must respect constitutional principles, ensure fairness, and maintain a sustainable environment for healthcare professionals to practise in.
