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Case Analysis On Soobramoney V. Minister Of Health Kwazulu-Natal (1997)




Avantika Singh, LL.M., Maharashtra National Law University, Aurangabad Graduated from Dr. Ram Manohar National Law University, Lucknow (B.A. LL.B. Hons.)

INTRODUCTION

Soobramoney v. Minister of Health Kwazulu-Natal1 is the landmark judgment as it was the first case in South Africa which dealt with the socio-economic rights of an individual. This case paved a path for further discussion on this matter. Soobramoney, an Indian origin South African was denied dialysis treatment in a public hospital because of restrictive guidelines by the hospital. This case has extensively discussed the scope of Section 27 of the Constitution of South Africa which is right to access to health care services. The research paper tries to analyse the judgment of the Court. It is delivered by 10 judges of the Constitutional Court of South Africa where majority judgment was written by Justice Chaskalson, whereas Justice Madala and Justice Sachs had given the concurring judgment.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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