Solidarity slams unconstitutionality of the NHI Bill in submission to the president

25 January 2024

Solidarity disputes the legality of the National Health Insurance Bill (NHI) in an urgent submission directed to Pres. Cyril Ramaphosa today. 

The submission emphasises that the implementation of the NHI is not properly outlined in the bill, and it also indicates how the bill fails to prove the affordability of the NHI.

These flaws give rise to questions on the legality of the law-making process as procedures were apparently not followed correctly during the voting processes on the bill in the National Assembly and in the National Council of Provinces.

“Solidarity directs its submission to the President on behalf of its members, the community and the wider public as the interest groups it represents. The purpose is to request the president to seriously reconsider the NHI Bill,” Theuns du Buisson, economic researcher at the Solidarity Research Institute (SRI) said.

Du Buisson is of the opinion that the NHI Bill should be regarded as unlawful because the correct procedures that apply to the tabling of financial bills have been disregarded. 

“The NHI Bill is a financial bill as it makes tax proposals. Therefore, in terms of the Constitution, it should have been submitted to parliament by the Treasury and the minister of finance. However, this process was not followed and therefore the legislative process is invalid,” Du Buisson said. 

According to Du Buisson, the state also failed to provide evidence that the NHI Bill will be affordable for the taxpayer. This process is also considered a constitutional requirement. 

Solidarity therefore appeals to President Ramaphosa to dispense with the NHI Bill and instead to improve the existing public healthcare system in South Africa as a matter of urgency. He is also requested to pay attention to existing regulations in terms of which membership of existing medical aid funds could be made more affordable so that more citizens can become members of medical aid funds. 

Solidarity has already indicated that it will fight the NHI all the way to the highest court should the bill be signed into law by President Ramaphosa. 

Click here to read Solidarity's submission to the president.

Issued by Theuns du Buisson, Economic Researcher: Solidarity Research Institute (SRI), 25 January 2024