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NHI Act remains on ice

25 Feb 2026


On 23 February High Court Judge Brenda Neukircher ordered that the Department of Health, the President and several other organisations freeze court action until the Constitutional Court “weighs in on how Parliament handled public partition” regarding the NHI Act. - Business Day. (24 February 2026).
In return for the litigation standstill President Cyril Ramaphosa and Health Minister Aaron Motsoaledi committed not to enact, implement or enforce any part of the NHI Act until the Constitutional Court’s ruling.
Parties challenging the Act agreed not to launch further challenges without court permission, except in exceptional circumstances. They include Solidarity, the Hospital Association of South Africa (HASA), and the South African Medical Association (SAMA). Their cases will be stayed until the Constitutional Court delivers judgment. The Con Court will hear the public participation cases from 5 to 7 May 2026.

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