Two cases relating to the controversial National Health Insurance (NHI) will be heard in the Constitutional Court in May, prompting President Cyril Ramaphosa to refrain from promulgating any provisions of the Act until they are both finalised.
One of the challengers of the NHI Act, Solidarity, said on Friday that it had received communication from Ramaphosa’s legal team that the NHI would be placed on hold. It was signed into law by Ramaphosa in 2024 but is yet to be implemented.
The two cases that will be heard in May relate to public participation challenges.
“We are instructed to advise that, in order to ensure the orderly procedural conduct of the pending challenges and to avoid parallel proceedings overlapping, the President confirms the undertaking set out below. The President undertakes not to promulgate any provisions of the NHI Act prior to the Constitutional Court handing down judgment in the public participation challenges,” a letter from Ramaphosa’s legal team reads.
It further reiterated that Ramaphosa would not enforce any part of the Act until he was requested to do so by the Minister of Health.
“As previously stated, the President does not act in isolation in considering and determining whether to bring legislation into effect or in determining whether to implement the legislation,” the letter continued.
Solidarity welcomed the NHI’s delay, claiming that it was as a result of pressure from it and other organisations opposing the implementation.
Solidarity Research Institute economic researcher Theuns du Buisson said maintaining the pressure would give the Department of Health the opportunity to reconsider.
“It should, of course, never have progressed this far, as Solidarity has long indicated how unworkable, irrational and unaffordable the NHI scheme is. Even the Treasury recognises this, and we hope that this realisation is now also reaching the president and the minister of health,” he said.
Solidarity is expecting to head to court next week over the consolidation of multiple cases against the NHI.
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