The Pretoria High Court has directed President Cyril Ramaphosa to explain his decision to sign the National Health Insurance (NHI) Bill into law on May 15, 2024, declaring the move open to judicial review.
The ruling gives the president 10 days to submit the official record detailing how and why he approved the legislation. This comes in response to a legal application by Solidarity, a trade union challenging the constitutionality and feasibility of the bill.
Solidarity argues that the President disregarded major concerns raised during public consultations and misrepresented the true impact of the NHI to stakeholders. The union claims that the law could negatively affect South Africa’s already strained healthcare system.
The NHI Act, which seeks to establish a universal health coverage model by consolidating funds from both public and private sectors, has drawn sharp criticism.
Opponents, including the Democratic Alliance and several business organisations, warn that the policy could overburden the state financially, reduce freedom of choice for patients, and cause an exodus of medical professionals.
In response to the court’s decision, the presidency stated it is currently analysing the judgement and weighing the option of an appeal. Legal experts suggest the matter could ultimately be decided by the Constitutional Court, given its significance to public policy and constitutional interpretation.
