South African High Court Rules Sections of National Health Insurance Act Unconstitutional.
Written by Mfundo on 25 July, 2024
By: Bright Ntuli
The High Court in Pretoria has declared sections 36 to 40 of the National Health Insurance Act unconstitutional. This decision follows a legal challenge by trade union Solidarity and other groups representing private healthcare professionals.
The court’s ruling invalidates provisions that restrict where doctors can practice under the NHI, including the controversial certificate of need. This certificate aimed to centralise control over healthcare provider locations but has now been deemed unlawful.
In addition to declaring these sections unconstitutional, the court has ordered the government to cover legal costs incurred by Solidarity and its allies.
Solidarity’s Dirk Herman expressed satisfaction with the ruling, emphasising their ongoing opposition to the NHI’s consolidation of healthcare funding. He affirmed their commitment to further legal action against the Act.
This decision marks a significant development in the ongoing debate over healthcare reform in South Africa, highlighting concerns over centralisation and regulatory overreach within the NHI framework.
