Ramaphosa ordered to give reasons for signing NHI into law
The High Court in Pretoria has ruled that President Cyril Ramaphosa must give reasons for signing the National Health Insurance Act into law.
Ramaphosa signed the controversial bill on the eve of last year's general election despite pushback from parties, lobby groups and health care organisations.
The applicants in the matter, the Board of Health Funders (BHF) and the South African Private Practitioners Forum (SAPPF), questioned the rationality of the president signing the bill into law.
The president has been given 10 calendar days to respond.
BHF Managing Director Katlego Mothudi described the ruling as a victory for the rule of law and a step towards exposing the Act’s unconstitutional aspects.
"This ruling marks an important milestone in the BHF’s ongoing legal challenge against the NHI Act.
"It reaffirms the constitutional principle that all public power is subject to the rule of law and that no office-bearer, including the president, is above judicial scrutiny."
The BHF launched its main review application following the decision not to refer the NHI Bill back to Parliament, despite numerous submissions on the legislation’s shortcomings.
"Today’s judgment has confirmed that the High Court does have jurisdiction to hear our main review application,” Mothudi said.
"The court decision also affirms the BHF’s right, as the applicant, to receive the full record of the president’s decision-making process, which we believe will demonstrate that he ignored compelling legal and policy objections submitted by multiple stakeholders.”
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