On 25 October 2011 the Minister of Finance, Pravin Gordhan, tabled the Medium Term Budget Policy Statement (MTBPS) at a sitting of the National Assembly. The MTBPS broadly outlines Government’s proposed spending plans for the next three years. It also provides an opportunity for Government to make adjustments to this year’s budget to cater for changes in expenditure and provide for unanticipated expenses.
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SECTION27 is a public interest law centre that uses and develops the law to advance human rights.
In 2007, 2009 and 2010 strikes took place in the public health sector which resulted in a serious disruption of health care services. Many users of the public health system were not able to access vital services or collect their medication. Earlier this year SECTION27 was approached by a number of concerned organisations, including Rural Doctors Association of South Africa (RuDASA) and the Rural Health Advocacy Project (RHAP) to assist in finding a resolution which recognises the right to strike and also protects patients’ rights and prevents loss of life or serious harm being suffered by patients during a strike.
The sixth meeting of the forum took place at SECTION27’s offices in Johannesburg on 15 July 2011. It drew together more than 20 members from 8 organisations. The main purpose of the meetings was to discuss ways in which the forum could consolidate its membership and develop clear and shared strategies to achieve the objectives outlined in the forum’s founding documentation and project proposals.
The sixth meeting of the forum took place at SECTION27’s offices in Johannesburg on 15 July 2011. It drew together more than 20 members from 8 organisations. The main purpose of the meetings was to discuss ways in which the forum could consolidate its membership and develop clear and shared strategies to achieve the objectives outlined in the forum’s founding documentation and project proposals.
SECTION27 will be using this report in its analysis of health expenditure for the 2010/11 financial year. This analysis will be made available in the next few weeks. Read more… This is the second submission that SECTION27 is making on the draft National Strategic Plan (NSP) for HIV & AIDS, STIs and TB (Draft Zero for Consultation (“Draft Zero”)). The first submission considered the overall structure of Draft Zero; this submission considers costing and budgeting and the legal and policy framework within which these are to be done. In particular, the submission argues that government departments and other organs of state and agencies responsible for implementing the plan must first seek to address the challenges associated with the costing of the plan. Thereafter, through proper budgeting processes, they must deal appropriately with the allocation of financial resources for its implementation. The submission makes it clear that costing and budgeting cannot afford to be “in addition to” the development and implementation of the plan; they must form an integral part of these processes if the interventions outlined in the plan are to be properly resourced and implemented. This submission is one of three that SECTION27 is making on Draft Zero of the National Strategic Plan on HIV & AIDS, STIs and TB, 2012-2016. In contrast to the other two, which focus on specific substantive issues, this submission considers the overall structure of Draft Zero instead. This is because, in the main, we do not dispute the broad thrust of the objectives and interventions proposed. Instead, we are committed to ensuring that the consultation process gives rise to a well-structured and focused strategic plan that is indeed capable of implementation. In the next week, SECTION27 will make two further submissions: the first on law and human rights; and the second on costing and budgeting. SECTION27, Sonke, the Equality Project and TAC feel compelled to make public our views on how those who participated in the process were unfairly attacked, how Justice Mogoeng’s responses did little to address our concerns and how the JSC failed to discharge its constitutional mandate. We do so primarily because of our commitment to ensuring that future interviews for judicial appointment – to all superior courts – are conducted in an open and accountable process. While important, live broadcasting alone cannot guarantee that this happens. The full press release is available at http://www.section27.org.za/wp-content/uploads/2011/09/Joint_press_release_on_MM_-_201109061.pdf 
The Judicial Services Commission (JSC) made a call for submissions ahead of their interview of Justice Mogoeng Mogoeng on 3 September 2011. SECTION27, Sonke Gender Justice, the Lesbian and Gay Equality Project and the Treatment Action Campaign have responded to this call. 
SECTION27, the Treatment Action Campaign (TAC), SERI and Read Hope Philips Attorneys have developed a comprehensive guide for activists on local government in South Africa. The guide sets out the legal responsibilities of local government, and rights under the Constitution and in law. It shows how to engage government from inside, by participating in formal processes, and from outside by going public through complaints, petitions, protest action, the media and the courts. The guide can be downloaded on the following link: http://www.seri-sa.org/images/stories/activistguidetolocalgovernment_aug11.pdf. If you would like to order hard copies, please email Metumo Shilongo at shilongo@section27.org.za indicating how many copies you would like and the community or organisation for which they are intended. A website for the guide is available at www.localgovernmentaction.org and an official launch of the guide will occur in |
 
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Yesterday, SECTION27 responded to the “Draft Regulations Relating to the Categorisation of Hospitals” issued by the Minister of Health on 12 August 2011. The regulations aim to comprehensively categorise hospitals; if drafted properly they will improve health care service provision, offer important guidelines to health care providers and enable civil society to hold hospitals and government accountable. Unfortunately, shortcomings in the draft regulations render them incapable of fulfilling this potential without significant revision. The submission, sent to the Director-General of Health on 11 October 2011, identifies numerous shortcomings in the draft regulations.
In August 2011 the Auditor General released a report on its performance audit of the infrastructure delivery process in provincial departments of Health and Education. The audit was conducted at all provincial departments of Health and Education and their implementing agents such as the department of public works.The report contains some damning findings which highlight a failure of all departments to plan, implement and manage infrastructure projects appropriately. The report highlights poor planning and coordination between departments as well as a lack of capacity within government to undertake projects as the major causes of these failures.
Legal advice
Understanding NHI