We understand that the purpose of the State Liability Amendment Bill is to reduce the impact of lump sum payments on provincial health budgets, allowing provincial health departments to better manage the competing demands on their resources. According to the memorandum, reducing the impact of lump sum payments for medical Continue Reading
SECTION27 recently made a written submission to Parliament on the State Liability Amendment Bill [B 2–2001]. In short, SECTION27 supports how the Bill seeks to regulate the manner in which a final court order sounding in money against the state must be satisfied – it sees the Bill as being squarely in line with the decisions of the Constitutional Court in Nyathi v MEC for Department of Health, Gauteng and Another [2008] ZACC 8 (“Nyathi 1”) and Minister for Justice and Constitutional Development v Nyathi [2009] ZACC 29 (“Nyathi 2”) dealing with the unconstitutionality of section 3 of the State Liability Act 20 of 1957 and how it is to be remedied.