President Cyril Rampahosa has formally pledged not to bring the NHI law into force until the Constitutional Court rules in two challenges over how the law was approved.
“The president undertakes not to promulgate any provisions of the NHI Act prior to the Constitutional Court handing down judgment in the public participation challenges,” according to a letter by the state attorney shared by Solidarity on Friday.
The letter, sent on behalf of Ramaphosa, responds to allegations by the Board of Healthcare Funders and the premier of the Western Cape and follows a February 9 court direction that sets the public participation challenges down for hearing from May 5-7.
Ramaphosa’s move leaves the NHI, a sweeping plan to reshape South Africa’s health system, signed into law but not yet activated. That means no part of the statute will take effect while the court considers whether the process that led to its passage met constitutional standards.
Solidarity, which also challenged NHI, welcomed the pause, saying the development showed sustained pressure from the union and other parties was having an effect.
“It is now time to maintain this pressure, and it provides the department of health with an opportunity to reconsider,” said Theuns du Buisson, an economic researcher at the Solidarity Research Institute.
Peirru Marx, network co-ordinator of Solidarity’s Medical Sector, said the union remained convinced the NHI would harm healthcare and the prospects of medical professionals.
“Our research has previously shown that medical professionals do not support the NHI funding scheme. This is therefore a step in the right direction,” Marx said, adding that the legal challenge demonstrated “that no one is above the law”.
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