AfriForum welcomes Presidency’s decision not to promulgate any sections of the NHI Act now
AfriForum describes it as a positive development in the fight against National Health Insurance (NHI) that the Presidency today confirmed that no sections of the NHI Act will be promulgated until a ruling is made in the so-called public participation cases against this act. According to the civil rights organisation, this shows that the rejection of the NHI system by civil society groups, professional organisations and the public is compelling President Cyril Ramaphosa to think twice about the implementation of this controversial law.
On Wednesday, AfriForum served a summons to the President and four other defendants as part of the organisation’s legal action to challenge the constitutionality of the NHI Act. Eight other litigants have each already launched separate legal actions against this legislation.
The Presidency’s decision to put promulgation on hold was communicated in writing to the legal teams of several litigants against the NHI on Friday. The public participation cases – or legal actions challenging the constitutionality of the parliamentary process that led to the implementation of the NHI – will only be heard from 5 May. Since the President has now committed himself not to promulgate any section of this act until a ruling is made in these cases, this means that there are several months ahead in which no implementation of the NHI Act will be possible.
AfriForum warns that the Treasury should also take note of this announcement. “In light of next week’s budget speech, Enoch Godongwana, Minister of Finance, will probably have to adjust his budget and ensure that no further tax money is allocated for the preparation of the implementation of the NHI system,” says Louis Boshoff, AfriForum’s Spokesperson on Health.
According to Boshoff, objective jurisprudence is now of critical importance, and therefore the NHI Act cannot be implemented now. “If there are questions about the feasibility of a system, it is obvious that the government cannot first implement it and then give the court the opportunity to assess whether it is feasible. Therefore, this undertaking by the President should have taken place a long time ago.”
Boshoff encourages all parties opposing the NHI Act to maintain their opposition and confirms that AfriForum will continue its court action against NHI without interruption.



