NHI challenge proceeds this week
The Constitutional Court will this week hear two high-stakes challenges to the NHI Act that cast the spotlight on how Parliament considered public input on the legislation.
It has set aside three days (5–7 May) to hear the applications brought by the Board of Healthcare Funders (BHF) and the Western Cape Government, reports Business Day.
If the applicants are successful, Parliament will have to reconsider the contentious legislation.
Since the ANC no longer holds an outright majority, this could lead to material changes to the legislation and delay the former governing party’s health plan.
If the applicants fail, a swathe of legal challenges that were paused pending the outcome of this week’s court case will resume.
The NHI Bill was submitted to Parliament in August 2019 by then Minister of Health Zweli Mkhize. The National Assembly’s Portfolio Committee on Health held public hearings in the provinces, called for written submissions, and conducted oral hearings in Parliament.
Few material changes were made to the Bill, which was submitted to the NCOP for concurrence in September 2023, leaving it with a very narrow window in which to process it before Parliament rose for the general election in May 2024.
The NCOP made no changes and passed the Bill three months later.
It was signed into law by President Cyril Ramaphosa on 15 May, two weeks before the election.
According to Business Day, the BHF and Western Cape Government argue that the public participation process conducted by Parliament was so flawed the legislation should be declared unconstitutional and invalid and set aside.
Parliament’s rebuttal is that it spared no effort in eliciting public input and was under no obligation to agree to the amendments suggested by the BHF or by any other party.
The Western Cape Government argues that the NCOP rubber-stamped the Bill and in its haste broke the rules governing the passage of legislation.
It says the Select Committee on Social Services was unreasonably inflexible when the Western Cape requested extra time, ignored its documents and did not allow it an opportunity to influence the law-making process.
Nor did the committee consider and debate the reports it received from Limpopo and the Northern Cape or the amendments proposed by the North West and Western Cape, Health & Wellness MEC Mireille Wenger says in papers.
Parliament says it allowed multiple changes to the timetable for considering the NHI Bill and that the Western Cape was seeking extra time only because it had dragged its heels in conducting public hearings.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





