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Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament ...
Soobramoney v Minister of Health, KwaZulu-Natal is an important judgment of the Constitutional Court of South Africa, delivered in 1997, and the first in which the court had to adjudicate on the universal constitutional right to medical treatment as against the problem of an under-resourced health care system.
The National Health Insurance Act, 2023 (Act No. 20 of 2023) is an act of the Parliament of South Africa, which establishes a South African national health insurance system, commonly referred to as NHI, with the aim of "pooling public revenue in order to actively and strategically purchase health care services" and creating a "single framework throughout the Republic for the public funding and ...
The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1997, the Constitution has been amended by eighteen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996."
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect.
The South African Constitution guarantees everyone "access to health care services" and states that "no one may be refused emergency medical treatment." Hence, all South African residents, including refugees and asylum seekers , are entitled to access to health care services.
The Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa. [6]
The table below lists the judgments of the Constitutional Court of South Africa delivered in 2016.. The members of the court at the start of 2016 were Chief Justice Mogoeng Mogoeng, Deputy Chief Justice Dikgang Moseneke, and judges Edwin Cameron, Johan Froneman, Chris Jafta, Sisi Khampepe, Mbuyiseli Madlanga, Nonkosi Mhlantla, Bess Nkabinde, Johann van der Westhuizen and Raymond Zondo.