CHASKALSON P
to the prejudice of other needs which the state has to meet.
[29]
The provincial administration which is responsible for health services in
KwaZulu-Natal has to make decisions about the funding that should be made available
for health care and how such funds should be spent. These choices involve difficult
decisions to be taken at the political level in fixing the health budget, and at the
functional level in deciding upon the priorities to be met. A court will be slow to
interfere with rational decisions taken in good faith by the political organs and medical
authorities whose responsibility it is to deal with such matters.
[30]
Although the problem of scarce resources is particularly acute in South Africa
this is not a peculiarly South African problem.
It is a problem which hospital
administrators and doctors have had to confront in other parts of the world, and in which
they have had to take similar decisions. In his judgment in this case Combrinck J refers
to decisions of the English courts in which it has been held to be undesirable for a court
to make an order as to how scarce medical resources should be applied, and to the
danger of making any order that the resources be used for a particular patient, which
might have the effect of denying those resources to other patients to whom they might
more advantageously be devoted.12 The dilemma confronting health authorities faced
12
Re J (a minor) [1992] 4 All ER 614 (CA) at 625g; Airedale NHS Trust v Bland [1993] 1 All ER 821
(CA) at 857b.
16