The national health department is going to get an opportunity to defend the Certificate of Need in court, after the high court in Pretoria ruled in the department's favour, last week.
The judgment and order of the High Court was erroneously sought and granted in the absence of the Department of Health . The Department of Health was not able to contest this process or give any legal counter-argument in court.The department has since then contested the judgment and approached the court for recission of the judgment so that it may be fully debated. Last week, the High Court ruled in favour of the department and will revisit the constitutionality of the proposed CoN.
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