This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Constitutional Court considered a confirmation application about sections 36 to 40 of the National Health Act 61 of 2003 and the certificate of need scheme. It confirmed the High Court’s order of constitutional invalidity and held that the impugned provisions are irrational and unjustifiably limit the right to choose a trade, occupation or profession freely. The provisions were ordered severed from the Act.
This may be relevant to health establishments, health agencies, private health practitioners, and health sector regulators.
Evidence from source
It is declared that sections 36 to 40 of the National Health Act 61 of 2003 are inconsistent with the Constitution and invalid in that they a re irrational and unjustifiably limit the right to choose a trade, occupation or profession freely
Supports: plain_summary: invalidity and reason for it
The order of constitutional invalidity made by the High Court of South Africa, Gauteng Division, Pretoria is confirmed.
Supports: plain_summary: confirmation of the High Court order