Tag Archives | Constitutional Court


Health department will seek to have ‘anti-NHI ruling’ set aside

The Department of Health (DoH) will seek to set aside the Pretoria High Court’s ruling that a certificate of need (CoN) is unconstitutional and invalid, saying the court’s decision has “serious implications” for the implementation of National Health Insurance (NHI), Business Day reports. The judgment must go to the Constitutional Court for evaluation before the […]

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Constitutional Court revises who is entitled to complain to the Pension Funds Adjudicator

The Constitutional Court has ruled that the Pension Funds Adjudicator has jurisdiction to hear cases where the complainant was unlawfully admitted as a member of a retirement fund. The court’s ruling clarifies how the definition of a “complainant” in section 1 of the Pension Funds Act (PFA) should be interpreted and states that a “complaint” […]

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CMS comment on Constitutional Court Judgement

The Council for Medical Schemes (CMS) has noted the Constitutional Court judgement on the appeal matter brought by Genesis Medical Scheme against the Registrar of Medical Schemes and the CMS. The Constitutional Court’s ruling, in favour of Genesis Medical Scheme, that funds in medical scheme members’ personal medical savings accounts (PMSA) can be treated as […]

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