Aaron Motsoaledi’s Judicial Interference Referred to Cyril Ramaphosa

Statement by Adv. Glynnis Breytenbach MP – DA Spokesperson on Justice and Constitutional Development:

The Democratic Alliance (DA) condemns Health Minister Aaron Motsoaledi’s reckless remarks questioning whether Constitutional Court judges can fairly adjudicate the National Health Insurance (NHI) case because they are beneficiaries of private healthcare.

We will submit a written parliamentary question to President Ramaphosa asking whether he is satisfied that Minister Motsoaledi’s conduct meets the required ethical standards as set out in section 2.1 of the Executive Ethics Code.

Should this not be the case, we will further ask whether the President will refer the matter to the Public Protector for investigation.

The Minister’s conduct may constitute a violation of section 2.1 of the Executive Ethics Code, which requires members of the Executive, to the satisfaction of the President to act in good faith, fulfil their constitutional obligations, and conduct themselves in a manner consistent with the integrity of their office and good governance.

By suggesting that judges are incapable of impartiality, the Minister has crossed a dangerous line. These comments undermine the independence of the courts and risk damaging public trust in the Constitutional Court. The Constitution gives judges the responsibility to decide whether laws are constitutional, without pressure from politicians. When a Minister suggests judges cannot be fair, it creates the impression that he is trying to influence the outcome of the case.

These inflammatory attacks on the judiciary are nothing more than a smokescreen to distract from the disastrous realities of the NHI. Despite its stated intentions, the NHI in its current form will not achieve universal healthcare access. Instead, it risks collapsing what remains functional in South Africa’s healthcare system by forcing millions into an already overwhelmed and mismanaged public health sector.

Government has failed to provide a credible costing model, failed to outline safeguards against corruption in the NHI Fund, and failed to address the devastating consequences for jobs and healthcare access.