Legal updates and opinions
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Court Orders Gauteng Department of Health to Provide Cancer Treatment to Patients Awaiting Care
and Slade van Rooyen - Candidate Attorney and Farah Yassin - Candidate Attorney On 27 March 2025, the Gauteng Local Division of the High Court, Johannesburg, [...]
Amendments to the Ethical Rules – a step in which direction?
On 17 November 2023, the Registrar of the Health Professions Council of South Africa ("HPCSA") published certain amendments to the Ethical Rules for the Conduct of [...]
National Health Insurance: a future for medical schemes? Possibly.
Millions of South Africans derive a certain peace of mind that their healthcare needs will be covered by the provision of medical scheme insurance. Medical schemes, [...]
National Health Insurance: What benefit; for whom, where and how?
As has widely been reported in the media, the National Health Insurance Bill[1] or the Bill has been passed by Parliament. However, such a process [...]
National Health Insurance Bill and the possible implications for private healthcare
A second iteration of the National Health Insurance Bill [B11B-2019] has been published. This follows a public commentary period before the Parliamentary Portfolio Committee on [...]
The legal and ethical processing of healthcare information
The overall objective of the Protection of Personal Information Act No. 4 of 2013 ("POPI Act") is to promote the protection of Personal Information (defined [...]
Certificate of need in the healthcare sector: not needed
The National Health Act or NHA[1] makes provision for a system of licensing referred to as a certificate of need or CoN. A certificate need [...]
Play it again (and again): A new regime for complementary medicines
The Minister of Health has published certain amendments to the General Regulations ("the Regulations") made in terms of the Medicines & Related Substances Act No. [...]
Legal position regarding the sedation and transport of wild animals
by Neil Kirby, Head of Healthcare and Life Sciences, Helen Michael, Director and Slade van Rooyen, Candidate Attorney The escape, and alleged sedation and capture by [...]
Payment of Prescribed Minimum Benefits
In the case of Keyhealth Medical Scheme v the Honourable Mr Justice SM Ngoepe N.O, the Registrar of Medical Schemes and William Reed, Case Number: A203/2021, [...]
Product recalls in South Africa
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney Product recalls in South Africa and globally have attracted much attention recently. In 2021, Phillips issued a [...]
When must your medical scheme pay for treatment?
by Helen Michael, Director and, Raisah Mahomed, Candidate Attorney On 26 August 2022, the High Court in Pretoria handed down judgment in an application concerning a [...]
Gerrymandering Healthcare? Certificate of need
The term "gerrymander" is used primarily in the context of shifting the boundaries or borders of voting constituencies in order to achieve a political advantage that [...]
National Health Insurance Bill
National Health Insurance (NHI) Bill National Health Insurance: Quo Vadis? by Neil Kirby, Director: Healthcare & Life Sciences Law, Werksmans Inc. Few will deride the concept [...]
Current status: National Health Insurance Scheme
National Health Insurance Scheme or NHI Notwithstanding the attention that has come to be focused on the prevailing COVID-19 pandemic, preparations continue in respect of the [...]
Achieving meaningful access to medicines: a patient-centric approach – the next healthcare debate
Access to medicines Access to medicines may be a challenge for patients requiring access to innovative medicines where the costs of those medicines are either not [...]
Relaxing Cannabis
By Neil Kirby, Director The regulatory travels of cannabis continue. In terms of amendments published to the Schedules to the Medicines and Related Substances Act No. [...]
COVID-19 and the ruling party’s policy on the NHI
by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate The COVID-19 virus has challenged if not crippled healthcare [...]
Medical Schemes Act Amendment: COVID-19 declared a PMB
by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate Pursuant to a circular published by the Council of [...]
An extension of the validity of prescriptions in terms of an amendment to the Medicines and Related Substances Act No. 101 of 1965
by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate On 30 April 2020 the Minister of Health [...]
Disposal of medical waste in the contexts of COVID-19
by Helen Michael, Director; Bronwyn Parker; Senior Associate; and Tsebo Masia, Candidate Attorney In the midst of a global pandemic such as the one caused by [...]
NO MANDATORY REQUIREMENT FOR SOUTH AFRICANS TO JOIN FUND UNDER NHI BILL AS CURRENTLY PROPOSED
By Neil Kirby, Director The publication of the National Health Insurance Bill [B11-2009] has resulted in much public comment as to the future of healthcare in [...]
Access, equality and health
National Health Insurance Bill The current process to construct a national health insurance scheme for South Africa is currently underway. The first phase, of what will [...]
Director, Neil Kirby comments on NHI and Medical Schemes Amendment Bill post the briefing by Health Minister, Aaron Motsoaledi
"The Minister of Health has described the advent of national health insurance or NHI as the land issue in the healthcare sector. Today, the Minister announced [...]
Commentary on the State Liability Amendment Bill
With reference to the recent publication of the proposed State Liability Amendment Bill [B16-2018] ("the Bill"), in my view: the Bill is clearly a reaction to [...]
