SAPS Commercial Affairs (Pty) Ltd v Minister of Health and Others (49159/2021) [2026] ZAGPPHC 613 (17 June 2026)

70 Reportability
Constitutional Law

Brief Summary

Constitutional Law — Medical Schemes Act — Constitutionality of section 59(3) — Application challenging the validity of section 59(3) of the Medical Schemes Act 131 of 1998 on constitutional grounds — Court to consider the implications of the provision on rights enshrined in the Constitution — The provision's constitutionality upheld, affirming its compliance with constitutional standards.

IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION , PRETORIA
CASE NO.: 49159/2021
(lj PEP(•F.'l"',faLE: ~/I h)
(2) Of Jl·lTEPE"T V' OTHEF' JU:,(.E[ : 7t.> i l
(3J REVl:EC. i.-
In the matter between:
SAPS COMMERC IAL AFFAIRS (PTY) LTD
and
MINISTER OF HEAL TH
and 95 other Respondents
Van der Westhuizen , J
JUDGMENT
Applicant
Respondent
[1] This application related to the Constitutionality of the provisions of
section 59(3) of the Medical Schemes Act 131 of 1998 (the Act). In that
regard, the issues that were to be considered were