WHO’S REALLY RUNNING SA? – Ramaphosa takes on the judiciary over NHI

Ramaphosa

Cape Town – President Cyril Ramaphosa is challenging a Gauteng High Court ruling that allowed a review of his decision to sign the National Health Insurance (NHI) Act into law.

The case was brought by the Board of Healthcare Funders and the South African Private Practitioners Forum, with the court finding it had jurisdiction and ordering Ramaphosa to explain his decision by 16 May.

According to IOL, the court ordered Ramaphosa to submit all records related to his decision within ten days, following a legal challenge by the Board of Health Funders (BHF) and the South African Private Practitioners Forum (SAPPF).

These groups argue the law is unconstitutional due to procedural flaws and inadequate public consultation during its passage.

While the NHI aims to ensure universal healthcare, critics warn it could harm the private healthcare sector and strain public hospital resources. Despite ongoing legal challenges, draft regulations for the NHI have already been published.

In response, Ramaphosa filed for leave to appeal and plans to approach the Constitutional Court by 27 May, arguing the high court erred in law and fact, The Citizen reported.

He insisted the court overstepped its authority, as the decision to enact legislation falls under presidential discretion and is not typically reviewable unless by the Constitutional Court.

“Having failed to find that this matter was politically sensitive which meant the Constitutional Court enjoyed exclusive jurisdiction, the court also erred in failing to take into account the breadth of the discretion enjoyed by the president,” the court papers read, as per the report.

“Even though the court appeared to have been alive to the fact that the president would decide for himself how to exercise his constitutional obligation, it sought to itself define how that power should be exercised.”

Ramaphosa signed the Act into law in May 2024, sparking widespread backlash.

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