Solidarity takes department to court over controversial NHI posts

11 October 2022

Solidarity today served court documents on the Department of Health, requesting an interdict to be placed on the department’s unlawful advertising of posts for the National Health Insurance (NHI).
 
This followed after Solidarity in a reminder to the department had threatened with legal action if the department did not withdraw its advertising, which started in August this year, for the 44 posts for the NHI. Solidarity argues that such advertising, while the Bill still has to pass parliamentary processes, is unlawful.
 
“The department’s advertisements clearly indicate that it is recruiting competent specialists to assist with preparations for the functions of the NHI fund. It therefore is obvious that the government views the passing of the NHI Bill as a fait accompli and is taking steps while the Bill to operationalise the NHI has not yet been adopted. Such an approach is irrational, unconstitutional and unlawful,” explains Connie Mulder, Head of the Solidarity Research Institute.
 
According to Solidarity, the National Treasury has already made available R30 million for salaries with regard to the 44 vacant posts for the 2022/2023 financial year, and the Department of Health intends on making appointments to the vacant posts in December 2022.
 
“These post advertisements create a clear impression that the government is determined to carry through its plans without respecting existing democratic processes. The fact that funds are spent on posts for a system that has not yet been authorised for implementation, rather than filling the existing gaps in the health sector, indicates that the government is hell-bent on demolishing everything instead of trying to restore the existing system, to the detriment of the health of all South African citizens,” Mulder says.
 
“Solidarity and other interested parties have been trying all the way to take part in formal processes and to be a voice for rationality and reasonableness in the midst of the ideological obsession of the government, but this seems to be impossible. It appears that the government has its mind set on disregarding the concerns of the people who will be affected by the NHI. As in the case of the state of disaster, it unfortunately looks as though the courts once again are going to be the only way to get the government to make the rational decision,” Mulder concludes.

Issued by Connie Mulder, Head: Solidarity Research Institute, 11 October 2022