FF Plus submits legal opinion on NHI after insistence: Bill quite possibly unconstitutional

10 May 2023

On insistence of the FF Plus, political parties today submitted their respective legal opinions on the National Health Insurance (NHI) Bill by tabling it in the parliamentary Portfolio Committee on Health.

In a vote on the matter, the DA followed the FF Plus's example and rejected the Bill. The IFP and ANC voted in support of it.

This is after the FF Plus walked out of the Portfolio Committee's meeting on 22 March this year because political parties were not afforded ample opportunity to obtain their own legal advice on the NHI Bill.

On 29 March 2023, the Committee agreed to grant parties an extension before tabling their legal opinions in the Committee on 5 April 2023. The initial date was then postponed to today.

The legal opinion that the FF Plus submitted today highlights various burning questions about the Bill. These include:

1. During the public participation process, more than 338 000 written submissions on the Bill were received. This is significant. In addition, the number that are for and against the Bill must be taken into account. At this stage, these numbers not clearly indicated.

2. The FF Plus is of the opinion that the Bill, in its current form, will have the opposite effect of its initial objective, seeing as it will hinder South Africans' constitutional right to healthcare. Instead of facilitating it, the Bill will restrict and frustrate access to quality healthcare.

3. Current members of medical aids will also have less access to healthcare, which is an encroachment on their constitutional rights.

4. Instead of steamrollering the Bill through, the focus should be on improving the existing public healthcare system.

5. There are serious concerns regarding the structure and management of the fund.

6. Numerous clauses of the Bill are vague, which will most probably result in incorrect interpretations and implementation.

7. There is a high risk that the Bill will not achieve its objectives, causing government to fail in performing its duty. It could also result in government becoming guilty of human rights abuses because of poor healthcare.

The FF Plus and its legal representatives are of the opinion that the Bill will not pass the test for constitutionality, and that interested parties will be successful in bringing a court application in this regard.

The FF Plus can and will never support the NHI nor approve of it.

Issued by Philip van Staden, FF Plus MP and chief spokesperson: Health, 10 May 2023