Solidarity topples NHI core pillar in court
24 July 2024
Solidarity achieved a major breakthrough in its fight against the National Health Insurance (NHI) when a core pillar on which the state’s centralisation of health care rests was declared unconstitutional in the High Court.
According to this judgment, sections 36 to 40 of the National Health Act, in terms of which the government would have the power to determine where medical practitioners may practise, are invalid in their entirety.
As a result of this specific case brought to court by Solidarity and other applicants, the controversial certificates of need have been crossed out. Consequently, the Health Department must also bear Solidarity’s and the other parties’ costs.
Solidarity Chief Executive Dr Dirk Hermann said years of hard work and sustained support from the general public as well as role players in the medical industry opposing the legislation have been justified with this judgment.
“This judgment is a major blow to the total NHI idea as the principle of central management is a core pillar of the NHI Act itself. A more extensive consequence of this ruling with regard to the certificate of need is that parts of the NHI Act are now probably also illegal in principle.
“The NHI in its current format cannot be implemented as the essence of the NHI is central planning –and this has now been found unconstitutional,” Hermann said.
According to Hermann, Solidarity’s sights are still completely set on the court battle against the NHI Act, which deals more specifically with the centralisation of funds for healthcare.
Court papers in this regard were served on the government on 24 May after the NHI had been signed into law by Pres. Ramaphosa.
“Solidarity will therefore continue its litigation against the NHI in its entirety and is now in a very strong position to achieve victory in court,” Hermann said.
Solidarity also invites members of the media to follow its live broadcast of their media conference from 15:00 today by clicking here .
Read the full judgment here.
Issued by Dirk Hermann, Solidarity, 24 July 2024
