5 May marked the first day of a 3-day hearing in the Constitutional Court (ConCourt) during which the Board of Healthcare Funders (BHF) is requesting the Court to set the NHI Act aside on procedural grounds, arguing that the public participation process was defective. Business Day (6 May 2026)
Bruce Leech, appearing for the BHF, said lawmakers did not know the true costs of implementation, nor did they have enough detail on what benefits the universal health coverage scheme would include.
He stressed that the BHF is not challenging the substance of the Act’s provisions. Instead, the application targets the process that preceded the President’s signing the Act into law.
Ngwako Maenetje, representing Parliament, argued that the public was given sufficient information to participate. He said it was not possible to estimate the true costs with precision because NHI could take up to 10 years to implement and would depend on shifting economic conditions.
If the BHF succeeds, the Court could set aside the NHI Act and direct Parliament to remedy the shortcomings in public participation.