As previously communicated, we are committed to being as clear and transparent as possible in keeping you informed on all matters relating to the NHI Act.

Last week, the Gauteng Division of the High Court in Pretoria ruled that legislation allowing the government to determine where doctors and other health professions could practise was unconstitutional. The application was brought by the trade union Solidarity, the Alliance of South African Independent Practitioners Associations, the South African Private Practitioner Forum, the Hospital Association of South Africa and a group of doctors in private practice.

Daily Maverick’s piece on the ruling quotes Solidarity’s chief executive, Dr Dirk Hermann, saying: “This judgment is a significant blow to the total NHI (National Health Insurance] 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.”

You can read the full article here: https://www.dailymaverick.co.za/article/2024-07-24-judge-rules-health-legislation-unconstitutional-in-major-blow-to-nhi-idea/?utm_source=Sailthru&utm_medium=email&utm_campaign=first_thing

While we agree that the idea of Universal Healthcare is an ideal to aspire to, at Fedhealth, we’ve always maintained that the Act in its current form is not practical and not aligned with the country’s constitution. This application is one of the many legal challenges that will be brought before the courts as the Bill’s constitutionality is debated. At this stage, the NHI Act will not impact how members of medical aids access healthcare services or their overall benefits and cover.

As always, we will monitor this situation as it develops and keep you and our members updated.