ConCourt to hear challenge to the NHI Act

JOHANNESBURG - The Constitutional Court is set to hear a challenge to the National Health Insurance (NHI) Act brought by Solidarity.

The act, signed into law by President Cyril Ramaphosa in May 2024, seeks to create a central fund to pay for healthcare services and guarantee universal health access.

But applicants argue that certain provisions give the State excessive power over private health facilities and medical practitioners - violating rights to trade, property and access to healthcare.

In July 2024, the Gauteng High Court ruled that sections of the NHI Act, including the controversial “certificate of need” requirement were irrational and unconstitutional.

Prosecutors for the State are now asking the Constitutional Court to overturn that decision, arguing that the provisions are necessary to transform the health sector and give effect to Section 27 of the Constitution, which guarantees access to healthcare.

Solidarity and other applicants counter that the provisions amount to limits on private medical practice - breaching Section 22, which protects freedom of trade, and Section 25, which safeguards property rights.

The case now rests with the Constitutional Court to decide whether the NHI Act strikes the constitutional balance between State-led universal healthcare and protection of fundamental rights.

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