When the Board of Healthcare Funders, the Hospital Association of South Africa, and the South African Private Practitioners Forum appear before the Constitutional Court from 5 – 7 May to challenge the NHI Act they will speak the language of rights and constitutionalism: freedom of choice, provincial autonomy, fair public participation.
“Much of this litigation is, at its core, a defence of a lucrative arrangement the Competition Commission has already diagnosed as dysfunctional, dressed in constitutional language to survive constitutional scrutiny.
“The Court’s task is to distinguish the constitutional arguments that deserve its attention from the commercial arguments wearing constitutional attire.”
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