BusinessLIve reports that trade union Solidarity has asked the North Gauteng High Court to declare the National Health Insurance (NHI) Act unconstitutional and invalid, thereby setting in motion a legal battle with potentially far-reaching implications.
The Act lays the legislative foundation for extensive reforms aimed at achieving universal health coverage that will be free at the point of delivery. It was signed into law by President Cyril Ramaphosa on 15 May 2024. More than half a dozen organisations have signalled their intention to litigate. Solidarity launched its high court application on Friday, citing as respondents the health minister, health director-general, the president, the finance minister and the National Treasury. It had previously indicated that it would serve court papers if Ramaphosa did not withdraw the legislation before 23 May 2024. The NHI Act was vague, impractical and totally unaffordable, said Solidarity’s deputy CEO for legal affairs, Anton van der Bijl, in his founding affidavit. It was unconstitutional on several grounds, including the fact that it threatening medical scheme members’ existing access to healthcare, he claimed. Aspects of the Act said to be vague included lack of detail on how the NHI would be funded and the services it would provide. Health department spokesperson Foster Mohale said legal threats would not deter the government from its efforts to transform the health system. While the Act has been signed into law, none of its sections have yet been proclaimed, which means none of its provisions have been brought into effect. “We will make an announcement as soon as sections are proclaimed, and regulations will [provide] the details of how this will be implemented,” said Mohale.
- Read the full original of the report in the above regard by Tamar Kahn at BusinessLive
- Lees ook, Solidariteit-krisisberaad: Partye, drukgroepe verenig aanslag teen NGV, by Maroela Media
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