Several high-stakes court battles are set to shape SA’s legal landscape in 2026, with the National Health Insurance (NHI) legislation at the centre of renewed Constitutional Court scrutiny. – Daily Maverick (31 Dec 2025)
In September 2025, the court heard arguments in a case brought by Solidarity challenging the Government’s decision to promulgate the NHI Act. Two additional cases—appeals by President Cyril Ramaphosa and Health Minister Aaron Motsoaledi against the Board of Healthcare Funders and the South African Private Practitioners Forum—will be combined into a single hearing.
No date has been set. However, the Court’s instruction for written submissions by November 2025 suggests an early 2026 hearing. The appeals stem from a May 2025 High Court ruling ordering Ramaphosa to disclose records relating to his decision to sign the NHI Act. Government argues the High Court lacked jurisdiction, while opponents accuse it of delaying tactics as NHI implementation continues.
Road Accident Fund
The Personal Injury Plaintiff Lawyers Association challenged a Gauteng High Court directive introducing compulsory mediation in all civil cases, issued by Deputy Chief Justice Dunstan Mlambo while he was Judge President. The move is aimed at addressing severe backlogs caused largely by Road Accident Fund (RAF) litigation, which dominates Gauteng courts handling 45% of national cases. The association argues the directive is unfair, saying poor and vulnerable litigants cannot afford mediation, undermining access to justice, and that the system will be unmanageable. The RAF opposes the challenge, denying increased costs. A full Bench hearing is expected in 2026.