Freedom Front Plus overjoyed by Constitutional Court's rejection of NHI cornerstone
The Freedom Front Plus (VF Plus) welcomes today’s Constitutional Court judgment declaring the Certificate of Need (CoN), as contained in the National Health Insurance (NHI) Act, unconstitutional. This was one of the cornerstones of the NHI.
In the matter brought by Solidarity, the Hospital Association of South Africa (HASA) and the Alliance of South African Independent Practitioners’ Associations and others against the Minister of Health, Dr Aaron Motsoaledi, the Court was requested to uphold a 2024 High Court ruling that sections 36 to 40 of the National Health Act are unconstitutional.
This ruling represents a major blow to the NHI. The Certificate of Need, as provided for in the NHI Act and the relevant sections of the National Health Act, would have afforded government the power to prescribe to healthcare practitioners where they may practise and which services they may render.
Years ago, the Freedom Front Plus warned in Parliament that the NHI legislation would fail a test of its constitutionality in court.
The Freedom Front Plus’s legal opinion, submitted to Parliament in 2023, already indicated that the NHI would not withstand constitutional scrutiny and that government could not dictate to healthcare practitioners where they must or may work, or which services may be provided.
The party also warned of serious concerns regarding the structure, governance and funding of the proposed Fund, and noted that numerous clauses in the Bill were vague.
The Freedom Front Plus also cautioned that, instead of steamrolling the Bill through Parliament simply to get it onto the statute book, the focus should rather be on improving the existing public healthcare system.
Despite strong opposition from South Africans, President Cyril Ramaphosa proceeded to sign the Act into law shortly before the 2024 general elections.
Several court cases challenging the NHI are currently underway, including challenges to its constitutionality and the public participation process that was followed. President Ramaphosa is also under pressure to provide reasons for his decision to sign the Act.
During last year’s budget vote debate on Health in Parliament, the Freedom Front Plus made it clear that the party would never support the NHI. The party believes today’s judgment serves as a wake-up call to the President, the Minister of Health and government to stop the NHI immediately.
It is time to return to the drawing board to design a sustainable system that benefits both the public and private healthcare sectors, as well as South Africa as a whole.
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