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[FILE] Court proceedings amid legal battle on the constitutionality of the National Health Insurance in Pretoria
The Constitutional Court of South Africa is hearing arguments challenging the legality of the National Health Insurance (NHI) Act, with the outcome expected to determine the future of the legislation.
The case was brought by the Board of Healthcare Funders, which argues that Parliament failed to ensure meaningful public participation when passing the law.
The court is also hearing submissions from the Western Cape Government, which claims the National Council of Provinces did not follow proper procedures in approving the bill.
Health Minister Aaron Motsoaledi says the consequences of an adverse ruling would be significant.
“If the Constitutional Court sides with the Board of Healthcare funders, the National Health Insurance Act will fall away, and Parliament will have to begin the process anew,” Motsoaledi says.
The NHI Act aims to provide universal access to healthcare, but its implementation has been delayed pending the outcome of legal challenges.
Parliament and the Health Department maintain that the legislative process met constitutional requirements.
Chairperson of the Portfolio Committee on Health, Faith Mothambi, says the process included extensive public participation.
“You’ll recall that this bill was introduced in the National Assembly by the Minister of Health on the 7th of August 2019… the committee then afforded the public 3 months to submit written comments… the committee then conducted in-person hearings on the bill in all nine provinces… invitations were issued in all official languages and notices were broadcast in local media,” Mothambi says.
She says Parliament is confident that the process complied with constitutional standards.
“We believe that this proceeding from the court will then provide this clarity because… this is all about whether the right of access to healthcare as enshrined in section 27 of the Constitution should remain dependent on income or whether it must be progressively realized as a universal entitlement… the parliament has done that and the deal is to ensure that this bill, it is for everyone, it’s not only for the affluent group,” she adds.
The court is expected to rule after hearing all arguments, with the decision likely to have wide implications for the country’s healthcare system.
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