South Africa: Healthcare

Some debates appear to be new, yet from an intellectual property perspective, they follow a familiar pattern. Whenever a pharmaceutical breakthrough fundamentally changes the treatment of a widespread disease, the same question inevitably arises: how should the law balance the protection of innovation against the need to ensure access to essential medicines?

On 18 May 2026, the Constitutional Court handed down a unanimous judgment in Solidarity Trade Union and Others v Minister of Health and Others, confirming the order of constitutional invalidity made by the Pretoria High Court

This comprehensive legal update covers recent developments across South African law, from pharmaceutical naming regulations and copyright platform liability to VAT amendments affecting insurance and digital services. The collection explores emerging challenges in intellectual property protection, cryptocurrency regulation, and data brokering, while examining how AI and digital transformation are reshaping traditional legal frameworks.

South Africa has launched Africa's first comprehensive National Action Plan (NAP) to combat substandard and falsified medical products, positioning the country as a continental leader in the fight against substandard and counterfeit medicines. Announced by Health Minister Dr. Aaron Motsoaledi, the NAP was developed by the South African Department of Health, South Africa's medical regulatory authority (SAHPRA), and the World Health Organization, and will be presented as a model at an upcoming WHO forum in Ge

This October, we shine a light on two vital causes: 🎗️ Cancer Awareness, honouring the strength of patients, survivors, families, and caregivers.

In a landmark ruling, the Gauteng High Court (Johannesburg) has ordered the provincial Department of Health to immediately provide treatment to patients on a long-standing backlog list of cancer...

Botswana, the Democratic Republic of Congo, Ghana, Kenya, South Africa and other African countries affected by the Mpox virus have implemented temperature checks and other health monitoring methods at points...

On 5 July 2024, the South African Health Products Regulatory Authority ("SAHPRA") issued a communication to industry stakeholders in relation to its revised Broad-Based Black Economic Empowerment ("B-BBEE") policy document.

How medical institutions and research facilities should treat human biological specimens in light of POPIA: Part 2