Access to details on decision to sign NHI Bill into law is a privilege, argues Ramaphosa

JOHANNESBURG - President Cyril Ramaphosa has argued that access to a record detailing what informed his decision to sign the National Health Insurance (NHI) Bill into law is a matter of privilege.

The president has petitioned the Constitutional Court in an application for leave to appeal a High Court judgment over the NHI Act.

In May, the court found that his decision to sign the bill into law was reviewable, ordering him to submit to the court the record of what led to his decision.

However, the president argues that furnishing the court with the record is not a legal requirement.

In papers before the Constitutional Court, Ramaphosa submits says various factors are considered before assenting to and signing a bill into law.

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Among them are the inputs by legal advisors, which the president says he has never been required to produce before and may be of a privileged nature.

He adds that the record is at the heart of his performance in executing his obligations as enshrined in the constitution, and the order that he furnish the court with the record engages issues regarding the office of the presidency.

This, Ramaphosa says, breaches the separation of powers doctrine, unnecessarily allowing courts to “check the homework” of the head of State.

The president further submits that the non-disclosure of the record in no way impedes parties from launching a constitutionality challenge, as this is a mechanism provided for by the Constitution.

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