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NHI Remains Unworkable

Statement by Michele Clarke MP – DA Spokesperson on Health:

The DA welcomes the Constitutional Court confirmation of the High Court ruling that Certificates of Need (CONs) in the National Health Act (Clauses 36 – 40) are unconstitutional.

These provisions sought to give government powers to decide whether health practitioners may open, acquire, or operate medical practices.

The ruling has important implications for the implementation of the National Health Insurance (NHI) Act. While the NHI Act does not explicitly mention CONs, the court case provides a fundamental precedent that goes against one of the key pillars of the NHI, which is the centralisation of healthcare control and the restriction of practitioners’ ability to operate freely. The Constitutional Court affirmed this right, noting the importance of balancing rights.

The DA remains committed to achieving universal quality healthcare for all who call South Africa home, but remains adamant that the NHI in its current form is not the vehicle for this, as it risks undermining both the public and private healthcare systems.

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