MyZA

News, Directory, Events and Other Stuff

You are here: Home / News / Constitutional Court Rejects NHI Cornerstone

Constitutional Court Rejects NHI Cornerstone

The Freedom Front Plus (VF Plus) welcomes today’s Constitutional Court judgment declaring the Certificate of Need (CoN), as contained in the National Health Insurance (NHI) Act, unconstitutional. This was one of the cornerstones of the NHI. In the matter brought by Solidarity, the Hospital Association of South Africa (HASA) and the Alliance of South African […]

The post Freedom Front Plus overjoyed by Constitutional Court’s rejection of NHI cornerstone appeared first on Freedom Front Plus.

The Freedom Front Plus (VF Plus) welcomes today’s Constitutional Court judgment declaring the Certificate of Need (CoN), as contained in the National Health Insurance (NHI) Act, unconstitutional. This was one of the cornerstones of the NHI.

In the matter brought by Solidarity, the Hospital Association of South Africa (HASA) and the Alliance of South African Independent Practitioners’ Associations and others against the Minister of Health, Dr Aaron Motsoaledi, the Court was requested to uphold a 2024 High Court ruling that sections 36 to 40 of the National Health Act are unconstitutional.

This ruling represents a major blow to the NHI. The Certificate of Need, as provided for in the NHI Act and the relevant sections of the National Health Act, would have afforded government the power to prescribe to healthcare practitioners where they may practise and which services they may render.

Years ago, the Freedom Front Plus warned in Parliament that the NHI legislation would fail a test of its constitutionality in court.

The Freedom Front Plus’s legal opinion, submitted to Parliament in 2023, already indicated that the NHI would not withstand constitutional scrutiny and that government could not dictate to healthcare practitioners where they must or may work, or which services may be provided.

The party also warned of serious concerns regarding the structure, governance and funding of the proposed Fund, and noted that numerous clauses in the Bill were vague.

Die VF Plus het verder gewaarsku dat in stede daarvan om die wetsontwerp deur die parlement te stoomroller om die fonds op die wetboeke te kry, die fokus eerder moet wees om die bestaande openbare gesondheidstelsel te verbeter.

Despite strong opposition from South Africans, President Cyril Ramaphosa proceeded to sign the Act into law shortly before the 2024 general elections.

Several court cases challenging the NHI are currently underway, including challenges to its constitutionality and the public participation process that was followed. President Ramaphosa is also under pressure to provide reasons for his decision to sign the Act.

During last year’s budget vote debate on Health in Parliament, the Freedom Front Plus made it clear that the party would never support the NHI. The party believes today’s judgment serves as a wake-up call to the President, the Minister of Health and government to stop the NHI immediately.

It is time to return to the drawing board to design a sustainable system that benefits both the public and private healthcare sectors, as well as South Africa as a whole.

Freedom Front Plus Self-Determination: The party emphasizes the right to self-determination for communities.

Read More at the Source

Category: Tag: , , , , , , , , , , , , , , , , , , , ,

If you feel strongly about this article then feel free to send MyZA a ‘Letter to the Editor’ using the submission form below:

Letter to the Editor

This field is for validation purposes and should be left unchanged.
If this is in response to an article please include that article title here or as the lead in for the first paragraph of your Letter below.

Separate tags with commas

Localise your letter by naming the city your words are about. Add relevant words describing your subject. Single comma separated words of no more than 5
Your Name(Required)
Your Name will be linked to the website below.
Your personal, business or social media web site
Choose NO to not set up a user account on MyZA. User Accounts will allow you to submit letters under your own Author Name

3 Latest Letters to the Editor:

  • Older Persons Grants Land Today — No Need to Queue at Dawn

    Dear Editor, Older Persons grants are paid today, 30 October, under SASSA’s revised November payment schedule — with disability grants on Monday 2 November, children’s grants on Tuesday 3 November, and grants under review on Thursday 5 November. Two things every beneficiary should know. First, grant money does not expire on payment day. It stays…

  • November Grants Pay Early – No Need to Queue at Dawn

    Dear Editor, I run SAGrant (sagrant.co.za), a free resource helping South Africans navigate SASSA grants. November grants pay earlier than usual. Older Persons grants are paid on Friday 30 October, Disability grants on 2 November, and Child Support and other grants on 3 November. Grants still under review are paid on 5 November. The money…

  • NSFAS 2027 applications close on 31 October — SASSA households, apply now

    Dear Editor, I run SAGrant (sagrant.co.za), a free resource helping South Africans navigate SASSA grants. NSFAS applications for the 2027 academic year close on Friday 31 October 2026, and no extension is expected. If your household receives a SASSA grant, your child already passes the NSFAS financial eligibility test — but they still have to…

Reader Interactions

Comments

  1. Jol – party / to have fun [jo-rl] Similar to ‘kiff’ or ‘kief’, jol can be used in any context to express having a good time.Example: “I’m going to a jol tonight!” / “I’m having a jol!” / “It was such a jol!”