Many of the legal challenges against the NHI are related to the public participation process.
President Cyril Ramaphosa has agreed to delay the implementation of the National Health Insurance (NHI) until the Constitutional Court (ConCourt) hands down judgments on legal challenges to the NHI Act.
The ConCourt hearing is set to take place from 5 to 7 May 2026.
Legal steps against NHI
The Health Funders Association (HFA), the Medical Association, the Board of Healthcare Funders, the Private Practitioners Forum, and the Hospital Association have all taken legal steps against NHI. The Western Cape government and some trade unions have also approached the court.
Many of the cases relate to the public participation process that took place before the NHI Act was signed into law.
Ramaphosa delays NHI promulgation
The Presidency spokesperson, Vincent Magwenya, on Tuesday said Ramaphosa and Health Minister Aaron Motsoaledi “agreed to delay the proclamation of any sections of the NHI Act” until the ConCourt hands down its judgments.
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Magwenya, however, said Ramaphosa’s decision will not affect government’s preparation for the implementation of NHI.
“The Department of Health has indicated that preparatory work has been ongoing, such as the improvement of health services, before any sections of the NHI Act are ready for commencement. The undertaking by the president will not affect the timetable for the implementation of the NHI.
“The Department of Health will continue in its constitutional responsibility to strengthen the health system and improve the quality of care,” said Magwenya.
Opposition to NHI
The controversial NHI Bill was signed into law in May 2024.
It aims to provide free universal health care to all South Africans. However, some have criticised it, saying it will collapse private medical care and lead to the deterioration of health care services.
There are also concerns that it will provide another avenue for corruption in the country.
The government insists that addressing the massive inequality in health care in South Africa is necessary.
“Government remains committed to the National Health Insurance and will work within the requirements of the law and judicial process to ensure that there is no undue delay,” Magwenya said.
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