President Cyril Ramaphosa has been ordered to submit a comprehensive record of the proceedings that influenced his decision to enact the NHI Bill into law.
Image: GCIS
THE North Gauteng High Court in Pretoria delivered a landmark ruling regarding President Cyril Ramaphosa’s signing of the National Health Insurance (NHI) Bill into law, declaring that the decision is subject to judicial review.
The ruling, which was handed down on Tuesday, requires Ramaphosa to submit a comprehensive record of the proceedings that influenced his decision to enact the NHI Bill. This submission must adhere to Rule 53 of the Uniform Rules of the Court and be delivered within ten calendar days from the date of the ruling.
The ruling stems from a legal challenge initiated by the Board of Health Funders (BHF) and the South African Private Practitioners Forum (SAPPF). The groups raised serious questions regarding the rationality of the president's actions, particularly following widespread dissent and critical constitutional issues that surfaced during the legislative process before the bill's signing in May 2024.
The NHI, touted by its proponents as a pathway to universal healthcare in South Africa, has been met with fierce opposition from various stakeholders who argue that its implementation could threaten the future of the private healthcare sector and lead to resource shortages in hospitals across the nation.
The dissenting groups contend that the legislative process was riddled with procedural flaws and inadequate public consultation, which they assert should invalidate the law as it stands.
The BHF welcomed the ruling as a pivotal victory for the rule of law, asserting that the judgment underscores the judiciary’s authority to review the President's actions regarding the NHI legislation, which many critics have described as unconstitutional.
"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," said the BHF.
Meanwhile, in April, Health Minister Aaron Motsoaledi unveiled the first set of draft regulations for the NHI despite the pending legal challenges.
The published draft regulations specifically addressed section 55 of the NHI Act, outlining a proposed governance structure and the processes governing the pivotal NHI Fund.
This fund is set to serve as the sole purchaser of medical services on behalf of patients, with the ambitious goal of guaranteeing free access to healthcare services for all eligible individuals at the point of delivery.
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