The private health care sector has scored a first victory in its legal battle against the National Health Insurance (NHI) Act. – EWN (6 May 2025)
In his ruling on 6 May Judge Mpostoli Twala confirmed that the North Gauteng High Court has the necessary jurisdiction to hear the Board of Healthcare Funders (BHF) and SA Private Practitioners Forum (SAPPF)’s case against President Cyril Ramaphosa and Health Minister Aaron Motsoaledi. - Business Day (7 May 2025)
This follows SAPPF and the BHF requesting the Court to review and set aside Pres Ramaphosa’s decision to sign the NHI Act into law as it is unconstitutional.
Judge Mpostoli Twala ordered President Cyril Ramaphosa to provide the record of his decision to the Court within 10 calendar days.
The President's legal team had initially argued that the High Court was not the appropriate forum and that the challenges should have been filed directly with the Constitutional Court.
“The ruling also included a cost order against the President and the Minister of Health, who was cited as a co-respondent.”
The BHF called the Court’s decision “a meaningful step forward in its pursuit of accountability and constitutionally sound governance".
SAPPF CEO Simon Strachan highlighted the Court's observation regarding the extensive list of parties that had raised constitutional concerns about the NHI Bill over the years. The list included the National Treasury, Parliament's legal advisers, the Western Cape provincial government, and various industry associations that had not only made submissions to Parliament but also directly petitioned the President.