“National Health Insurance (NHI) litigation has taken a sharp procedural turn. The Constitutional Court has indicated it wants to hear, first, from parties attacking Parliament’s public participation process on the NHI Bill,” reported Business Day (11 Feb (2026).
The decision implies that, if the public participation challenge succeeds, arguments about the President’s decision to sign the NHI Act may become irrelevant.
“If the Court finds the process constitutionally defective, it could invalidate the Act or force Parliament to start over. That would reshape timelines for any NHI rollout and reframe the policy debate as much as the legal one.”
The Constitutional Court will hear arguments between 5 and 7 May 2026.
Background:
In May 2025 President Ramaphosa and Health Minister Aaron Motsoaledi appealed a Pretoria High Court judgment that found the President’s decision to assent to and sign the NHI Act reviewable. The President was ordered to provide the record underpinning his decision-making, although the order was suspended pending appeal proceedings.
Reaction:
The Board of Healthcare Funders (BHF) warned that drawn-out processes will increase legal spend and prolong uncertainty for medical schemes.
The SA Private Practitioners Forum (SAPPF) argued that their constitutional concerns stand on their own and should not be sidelined by what they consider speculative “mootness”.
Implications
“A ruling on participation could ripple across procurement planning, private provider contracting assumptions, scheme product design, and provincial delivery models. It will also influence how quickly the government can move from enabling legislation to operational detail.”