Minister of Health Joe Phaahla says that a recent High Court ruling declaring parts of the National Health Act unconstitutional won’t stop the government’s plans to roll out the National Health Insurance (NHI) scheme.
In June 2022, the High Court found that sections 36 to 40 of the NHA were unconstitutional. The sections refer to the Act’s provisions for issuing health establishments with a “certificate of need”.
After the health department and other government officials listed as respondents in the case failed to participate in proceedings, the High Court ruled in favour of the applicants. The department is now appealing the ruling and wants to take the matter to the Constitutional Court. “Neither has the High Court of South Africa, Gauteng Division made any ruling on the 2017 NHI Policy or activities related to the preparatory work towards the establishment of NHI,” he said.
Phase two entails the finalisation of the legislative process for the establishment of the NHI Fund through the enactment of the National Health Insurance Act.
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