South Africa Case Law

Solidarity Trade Union and Others v Minister of Health and Others (61844/2021)

Solidarity Trade Union and Others v Minister of Health and Others (61844/2021) [2024] ZAGPPHC 677; [2024] 4 All SA 264 (GP); 2024 (11) BCLR 1451 (GP); 2024 (6) SA 639 (GP) (24 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

61844/2021

Judge

Millar

The court found that sections 36 to 40 of the National Health Act 61 of 2003 (Certificate of Need scheme) are unconstitutional. The scheme infringes several constitutional rights, including dignity, freedom of movement and residence, choice of trade, property rights, and access to healthcare. It imposes impermissible barriers to entry and continued operation for private healthcare providers and establishments, with retrospective effect and no guarantee of renewal. The scheme enables arbitrary deprivation and expropriation of property without compensation or fair process, and compels resource…

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• Certificate Of Need
• National Health Act
• Limitation Of Rights
• Expropriation
• Access To Healthcare
• Property Deprivation

Member of The Executive Council for Health Gauteng Province v Solomons (2022/A5070)

Member of The Executive Council for Health Gauteng Province v Solomons (2022/A5070) [2023] ZAGPJHC 739; 2023 (6) SA 601 (GJ) (27 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/A5070

Judges

Maier-Frawley, Wepener, Malungana

The court held that the appellant’s approach—issuing a subpoena duces tecum to compel disclosure of confidential patient information from a medical practitioner, absent patient consent and without judicial oversight—was inappropriate and contrary to the statutory and ethical framework governing patient confidentiality. The National Health Act and HPCSA guidelines require that disclosure of such information, absent consent, must be authorized by a court after a proper factual foundation is laid and the need for access is weighed against the privacy interests of the patient. The appellant faile…

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• Subpoena Duces Tecum
• Patient Privacy
• National Health Act
• Confidential Medical Information
• Declaratory Relief
• Judicial Oversight

March v MEC for Health of North West Province (2267/2018)

March v MEC for Health of North West Province (2267/2018) [2023] ZANWHC 85 (15 June 2023)

Court

North West High Court, Mafikeng

Case number

2267/2018

Judge

Malowa M.J.

The court dismissed a medical negligence claim over alleged delay in communicating biopsy results and treating cervical cancer, finding no proved negligence or causation.

• Medical Negligence
• Duty Of Care
• Causation
• Patient Rights
• National Health Act
• Burden Of Proof

MCM and Another (28084/22), Ex parte

MCM and Another (28084/22), Ex parte [2022] ZAGPPHC 712 (26 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

28084/22

Judge

Van der Schyff

The High Court dismissed an ex parte bid to authorise IVF and embryo cryopreservation before a surrogate mother was identified.

• Surrogacy Motherhood Agreement
• Artificial Fertilisation
• Regulations Relating To Artificial Fertilisation
• Declaratory Relief
• Children Act
• National Health Act

Divine Inspiration Trading 205 (Pty) Ltd v Gordon and Others (22455/2019)

Divine Inspiration Trading 205 (Pty) Ltd v Gordon and Others (22455/2019) [2021] ZAWCHC 38; 2021 (4) SA 206 (WCC) (3 March 2021)

Court

Western Cape High Court, Cape Town

Case number

22455/2019

Judge

Hockey

The court held that the second and third respondents, as medical practitioners, are obliged to disclose the first respondent's medical records pursuant to subpoenas duces tecum issued under Rule 38. Section 14(2)(b) of the National Health Act permits disclosure where required by law, and Rule 38 qualifies as such law. Ethical rules and POPI do not override this legal obligation, as both statutes defer to court orders and legal requirements. The medical records are relevant to the inquiry into the first respondent's loss of earning capacity, particularly for assessing pre-morbid conditions and…

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• Discovery Under Rule 38
• Medical Privilege
• Protection Of Personal Information Act
• National Health Act
• Loss Of Earning Capacity

A E v Chief Executive Officer Helen Joseph Hospital and Others (19/15448)

A E v Chief Executive Officer Helen Joseph Hospital and Others (19/15448) [2019] ZAGPJHC 379 (7 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

19/15448

Judge

M A Makume

The court found that the applicant was not refused emergency medical treatment; she received all necessary care to stabilize her condition. The refusal to provide ongoing chronic dialysis was based on the hospital's policy and the National Health Act, which restricts such treatment to citizens and permanent residents due to resource constraints. The court held that the limitation of rights was reasonable and justifiable under section 36(1) of the Constitution, as the scarcity of resources necessitates prioritization. The exclusion of the applicant was not discriminatory but a lawful applicati…

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• Right To Healthcare
• Emergency Medical Treatment
• Discrimination Against Foreigners
• Allocation Of Medical Resources
• National Health Act
• Bill Of Rights Limitation

Nurture Egg Donors CC v Minister of Health and Others (82891/15)

Nurture Egg Donors CC v Minister of Health and Others (82891/15) [2016] ZAGPPHC 185 (8 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

82891/15

Judge

SS Madiba

The High Court considered whether an independent egg bank may trade for profit in additional donor information not expressly required by the National Health Act.

• National Health Act
• Gamete Donation
• Declaratory Relief
• Regulatory Compliance
• Gamete-donation
• National-health-act

Kouter v MEC for Health: Department of Health: NC Province and Others (1750/2015)

Kouter v MEC for Health: Department of Health: NC Province and Others (1750/2015) [2016] ZANCHC 56 (22 January 2016)

Court

Northern Cape High Court, Kimberley

Case number

1750/2015

Judge

Erasmus, AJ

Contempt application over incomplete hospital records was dismissed, though the respondents were ordered to pay costs.

• Promotion Of Access To Information Act
• Contempt Of Court
• National Health Act
• Costs Award
• Misjoinder
• Statutory Duties

Minister of Health of the Province of the Western Cape v Goliath and Others (13741/07)

Minister of Health of the Province of the Western Cape v Goliath and Others (13741/07) [2008] ZAWCHC 41; 2009 (2) SA 248 (C) (28 July 2008)

Court

Western Cape High Court, Cape Town

Case number

13741/07

Judges

B M Griesel, N J Yekiso

The court held that the compulsory isolation and detention of the respondents, who were diagnosed with highly infectious XDR-TB and posed a severe public health risk, was legally justifiable and not arbitrary or without just cause. The limitation of their right to freedom of movement was reasonable and justifiable under section 36(1) of the Constitution, supported by international and comparative law. Section 7 of the National Health Act was interpreted purposively to authorise involuntary isolation in the interests of public health, even in the absence of promulgated regulations. The court f…

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• Limitation Of Rights
• Compulsory Medical Isolation
• Communicable Diseases
• National Health Act
• Detention And Personal Freedom
• Structural Interdict

Independent Municipal and Allied Workers Union and Others v President of the RSA and Others (3298/2006)

Independent Municipal and Allied Workers Union and Others v President of the RSA and Others (3298/2006) [2008] ZAGPHC 104 (16 April 2008)

Court

High Courts - Gauteng

Case number

3298/2006

Judge

E M Makgoba

The court dismissed a constitutional challenge to the National Health Act, holding that municipal health services includes services municipalities previously provided.

• Local Government Autonomy
• Municipal Health Services
• National Health Act
• Bill Of Rights Limitation
• Cooperative Governance
• Municipal-health-services