President of the Republic of South Africa and Others v South African Dental Association and Another

The President issued Proclamation 21 of 2014 bringing sections 36 to 40 of the National Health Act 61 of 2003 into operation with effect from 1 April 2014. These sections criminalise the provision of health services without a certificate of need. However, the regulatory framework required to apply for and obtain such certificates had not yet been promulgated. As a result, all health service providers were rendered technically criminally liable without any means of compliance. Upon realising that the proclamation had been issued prematurely and in error, the President and other applicants approached the Constitutional Court directly to have the proclamation reviewed, declared invalid, and set aside. The respondents, representing dental practitioners and hospitals, supported this relief.

Direct access was granted. Proclamation 21 of 2014 was declared invalid and set aside. No order as to costs was made.

This case reaffirmed that presidential proclamations bringing legislation into force are exercises of public power subject to constitutional review for rationality. It underscored the rule of law principle that legislation cannot be operationalised in a manner that renders lawful conduct impossible and criminalises essential services without a compliance mechanism. The judgment is significant for health law regulation and for clarifying limits on executive power in implementing legislation.