Preparations for NHI continue despite court challenges
Health Minister Aaron Motsoaledi has outlined the latest developments in the implementation of the National Health Insurance (NHI), revealing that the programme is facing significant legal challenges.
Addressing Parliament on Wednesday, Motsoaledi said the NHI is the subject of 14 court cases, with the most recent challenge potentially lodged by AfriForum.
Motsoaledi described what he called an “unending formula” of court cases and appeals, warning that without consolidation, government could be tied up in legal battles for years.
"We approach the court to say, because all these bills are challenging the same thing, which is NHI, why should they be different and go to different courts? Because they challenge the same entity. And anyway, we also know in law that if you go to five different courts to challenge the same thing, the end result might be the same. That has happened in the legal fraternity, and there are ways sort of to stop that," he said.
Despite the court challenges, the health minister explained that the rollout of the Health Patient Registration System, developed by the CSIR to track patients across facilities, will move ahead.
“But in terms of preparation, we’re going full force, chairperson. And that’s where we are at the moment,” Motsoaledi added.
He added that while certain steps, such as the establishment of the NHI Board, have been placed on hold, broader preparatory work remains underway.
Motsoaledi criticised the legal steps taken by the Western Cape Government, acting through its Premier Allen Winde, which lodged a court application in the Constitutional Court.
The provincial government is seeking to have the public participation process by the National Council of Provinces (NCOP) declared flawed.
In a statement announcing the move, the Western Cape government said it believes that the NCOP failed to consider the views of the people of the Western Cape when it deliberated on the NHI Bill, and therefore did not meet its obligation to facilitate meaningful public participation in the legislative process.
The province maintains that the NCOP failed to follow proper processes, which it believes invalidates the process.
Motsoaledi says that, should the court rule in the province’s favour, the outcome could effectively set aside the NHI Act, as the NCOP is the final parliamentary structure required to sign off on the bill before it becomes law.
The Constitutional Court is scheduled to hear the matter from 5 to 7 May.
ALSO READ
