Department of Health’s Claim that ConCourt Ruling is Unrelated to NHI Rejected

ActionSA rejects the Department of Health’s attempt to downplay the significance of the Constitutional Court’s landmark ruling declaring Sections 36 to 40 of the National Health Act unconstitutional and invalid. The Department’s claim that the judgment is unrelated to the National Health Insurance (NHI).

Act is both misleading and contradicted by its own submissions before the Court.

In paragraph 31 of the judgment, the Department itself argued that “the scheme created by the impugned provisions is a central pillar in the implementation of the National Health Insurance Act.” It is therefore deeply concerning that the Department now seeks to distance the ruling from the NHI altogether. Such inconsistency undermines public trust and raises serious concerns about the Department’s transparency on a matter of national importance.

The Constitutional Court’s ruling confirms longstanding concerns about the excessive concentration of power in the hands of the Minister of Health, particularly regarding decisions affecting where healthcare professionals may practise and where medical resources may be allocated. These provisions formed a key part of the broader policy direction underpinning NHI implementation.

ActionSA reiterates its call for the implementation of the NHI Act to be halted and for the legislation to be returned to Parliament for comprehensive review and public debate. Government cannot continue pursuing a flawed framework that invites repeated legal challenges and creates uncertainty within the healthcare sector.

The correct path to achieving universal healthcare coverage is not through the creation of another centralised fund vulnerable to abuse and corruption, but through fixing and improving South Africa’s public healthcare system so that all citizens can access quality care with dignity and confidence.

ActionSA Funzi Ngobeni (KZN Provincial Chairperson) Governance Expert: Served as the MMC for Finance in Johannesburg under Mashaba. The Mission: Tasked with growing ActionSA’s footprint in KwaZulu-Natal, a notoriously difficult and contested political landscape.