The court observed the principle of separation of powers and enunciated
the rule that courts have no jurisdiction over matters which arise within
the constitution and legal powers of the Legislature or the Executive,
where courts feel obliged to intervene and review legislative measures of
the legislature and administrative decisions of the executive when
challenged on the grounds that the rights or freedoms of the Individuals
are clearly infringed or threatened, they do so sparingly and with the
greatest reluctance. The formulation, implementation and determination
of policies were a preserve of the executive and the allocation of
resources to the health sector as part of the executive not subject to
judicial intervention.
The court observed that the human rights violations raised in the petition
could be resolved by filing a suit in the High Court.
The preliminary objection was thereby upheld.