News

Health Department considering alternatives to CoN

20 May 2026

The National Department of Health is considering alternative ways to regulate where medical professionals practice following the Constitutional Court ‘s (ConCourt) rejection of the Certificate-of-Need (CoN) provisions.
The Department stressed that the ruling does not affect the NHI Act itself, although it acknowledged the need for alternative approaches to healthcare planning, including structured licensing of facilities.
Alternatives include the structured licensing models used in countries such as Canada and Denmark where health facilities are licensed according to planning needs, while doctors and other practitioners apply to work at approved establishments.
The Universal Healthcare Access Coalition (UHAC) welcomed the ConCourt judgment, saying it reinforced the need for lawful, evidence-based and practical healthcare reform rather than excessive centralisation. UHAC warned that vague government powers could create uncertainty and weaken healthcare delivery. The coalition proposed a national workforce-planning framework, stronger accountability and protected funding for health worker training and key healthcare posts. – Daily Maverick (20 May 2026)

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