News

Turning point in battle for LCBOs

08 Oct 2025

The Supreme Court of Appeal (SCA) agreed to hear arguments from the Board of Healthcare Funders (BHF) following a High Court ruling to block the introduction of low-cost benefit options (LCBOs) into the market, reported Business Day (8 October2025)
This allows the BHF to continue its legal fight against the Council for Medical Schemes (CMS) which has been criticised for its delays in developing a regulatory framework for affordable, pared-down medical plan options.
The BHF argues that LCBOs would provide coverage to millions of South Africans who currently cannot afford medical scheme cover, while the CMS believes that the introduction of LCBOs should be handled through legislative changes, not judicial proceedings.
The BHF also highlighted the “perceived irrationality” of the CMS in granting exemptions to health insurers for similar products while denying them to medical schemes.

Background
“In April, the High Court dismissed the BHF’s application on both procedural grounds and the merits of its case. Following the High Court's refusal to grant leave to appeal, the BHF petitioned the SCA directly. The appellate court has not only agreed to hear oral arguments for the appeal but has also instructed the BHF to be prepared to argue the full merits of its case, should the appeal be granted."

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