NHI Act: WC govt files papers with Constitutional Court

CAPE TOWN - The Western Cape Government has filed papers with the Constitutional Court to challenge the validity of the National Health Insurance (NHI) Act.

The provincial government said that it is defending the constitutional rights of Western Cape residents to take part in the lawmaking process and to be heard by Parliament.

Western Cape Health MEC, Mireille Wenger, said that the universal health policy was rushed without giving people in the province a chance to comment on the legislation, which was signed into law last year.

The Western Cape filed its challenge to the NHI on Tuesday and wants the legislation declared unconstitutional and invalid.

Wenger, said the implementation of the NHI Act will involve a "major and complex restructuring of healthcare services in South Africa, including the services which are currently provided by provincial governments.

She said NHI implicates a fundamental human right, the right to healthcare, and is of paramount importance to the public interest.

She adds that the passage of the Bill required "extensiveand meaningful public participation".

READ: Parliament's public participation process over NHI Act to face scrutiny in ConCourt

The provincial government believes that the National Council of Provinces (NCOP) failed to consider the views of the people of the Western Cape when it deliberated on the NHI Bill and did not meet its obligation to facilitate meaningful public participation.

Wenger says NHI is likely one of the most "significant and controversial statutes in South African democratic history" which was rushed through the NCOP without considering, debating, or deliberating on any substantive input arising from the public participation processes in the provinces.

Premier Alan Winde added that the province is standing up for the right of every South African to have a meaningful voice in how laws are made.