![]() Proclamation was unintentional since it was promulgated in error. He submits that the untimely effect of the He submits that the regulations, which do not yet exist, form anĮssential part of the legislative scheme. President approached this Court directly to rectify this. Position to obtain the required certificate of need as long as the Providers in South Africa are currently engaging in criminal conduct,Įntity that provides health services is in a Regulations regarding applications for, and the granting of, The National Health Act authorises the Minister of Health (the Minister) to prescribe Taken together, these sections criminalise providing health services Īs its only purpose, the Proclamation brought sections 36, 37, 38, 39Īnd 40 of the National Health Act into operation on 1 April 2014. The alarming situation that necessitates this application toĢ1 March 2014 the President signed the Proclamation pursuant to The South African DentalĪssociation (SADA) and the Hospital Association of South AfricaĪre cited as respondents in this matter. Made in error and was therefore irrational in law. President’s decision to bring the provisions into operation ![]() The Department of Health (the applicants) maintain that the The Presidency, the Minister of Health and the Director-General President, the Minister in the Presidency, the Director-General in Is an application for direct access in terms of section 167(6)(a) ofĬoncerns the premature promulgation of a proclamation bringingĬertain sections of the National Health Act Proclamation 21 of 2014 is declared invalid National Health Act 61 of 2003 - sections 36 to 40 - decision toīring provisions into operation premature - rationality reviewĢ. Proclamation - review of exercise of public Khampepe J, Leeuw AJ, Madlanga J, Nkabinde J, Tshiqi AJ, Van derĭirect access - application to declare invalid and set aside Of South Africa and Others v South African Dental Association andĬoram: Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, President of the Republic of South Africa and Others v South African Dental Association and Another (CCT 201/14) Z(4) BCLR 388 (CC) (27 January 2015)ĪFRICA.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |