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dc.date.accessioned 2017-04-08T17:18:13Z
dc.date.available 2017-04-08T17:18:13Z
dc.date.created 2015-01-27 en
dc.identifier.citation [2015] ZACC 2
dc.identifier.citation 2015 (4) BCLR 388 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3779
dc.title President of the Republic of South Africa and Others v South African Dental Association and Another en
dc.title.alternative CCT201/14 en
dc.identifier.casenumber CCT201/14 en
dc.contributor.judge The Court
dc.date.judgment 27 January 2015
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3779/Full%20judgment%20Official%20version%20%28130%20Kb%29-22580.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Section 167(6) of the Constitution — direct access — application to declare invalid and set aside President’s Proclamation — review of exercise of public power 2 National Health Act 61 of 2003 — sections 36 to 40 — decision to bring provisions into operation premature — rationality review. A direct access application challenging a proclamation of the President bringing certain sections of the National Health Act 61 of 2003 (Act) into operation. These criminalise the provision of health services without a “certificate of need”. The Act also authorises the Minister of Health to prescribe regulations regarding the application procedure for obtaining certificates. However, at the time of proclamation, the regulations were not yet in place. The President together with other cabinet ministers (applicants) approached the Court to have the proclamation set aside. The respondents, the South African Dental Association and the Hospital Association of South Africa, supported the application. The Court held that at issue was the provision of health services – an issue of constitutional importance. The proclamation of portions of the Act, before issuing regulations that were essential to their operation, led to an untenable and unintended situation where the provision of all health services would carry a criminal sanction. The President’s decision was not related to its purpose, namely to achieve an orderly and expeditious implementation of a system regulating health services. The President’s conduct therefore failed to meet the requirement of rationality and was susceptible to review, regardless of good faith. Applying n Pharmaceutical Manufacturers Association of SA and Another: In re Ex Parte President of the Republic of South Africa and Others, the Court granted the application for direct access, declared the proclamation invalid and set it aside. Judgment: The Court.
dc.concourt.casehistory Application for direct access to the CC in terms of section 167(6)(a) of the Constitution.


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