South Africa’s National Health Insurance (NHI) project has suffered a significant legal setback. The recent ConCourt Ruling confirmed that key provisions in the National Health Act are unconstitutional and invalid. The unanimous judgment was written by Justice Kate Savage. It upheld a high court order declaring sections 36 to 40 of the National Health Act inconsistent with the Constitution. These…
Tag: Solidarity
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‘Certificate of Need’ Faces Constitutional Court Battle
The future of where doctors can practise and where hospitals can be built in South Africa hangs in the balance. The Constitutional Court is considering the validity of the controversial “Certificate of Need” (CoN) provisions within the National Health Act. The top court heard arguments on Tuesday regarding a law that could force medical professionals to work in underserved rural…
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Bid to Pause NHI Legal Challenges Met with Fierce Opposition
South Africa’s Health Ministry has tabled what it calls a “pragmatic solution” to the barrage of legal challenges facing the controversial National Health Insurance (NHI) Act. Opponents have slammed the move as a deliberate attempt to stall litigation while pushing ahead with implementation. The government is currently facing a complex web of 17 different legal applications across the High Court…
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Health Minister Moves to Halt NHI Legal Battles
Health Minister Aaron Motsoaledi has launched a legal manoeuvre aimed at pausing the multiple court challenges currently facing the contentious National Health Insurance (NHI) Act. In an application to the High Court, the Health Minister is seeking to consolidate all cases. He also wants to suspend proceedings until a separate but related legal battle involving President Cyril Ramaphosa’s decision to…
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NHI Act Court Challenges and Their Implications
The Board of Healthcare Funders is preparing to escalate its legal fight against the controversial National Health Insurance (NHI) Act. They are launching two new court challenges targeting public participation and constitutionality. The Board of Healthcare Funders (BHF) is preparing to launch two significant new legal challenges against South Africa’s contentious National Health Insurance (NHI) Act. This signals a deepening…
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NHI Act Legal Challenge: SAMA’s Fight for Justice
The South African Medical Association (SAMA) has initiated a legal battle. It is fighting the controversial National Health Insurance (NHI) Act. SAMA wants the court to declare the Act unconstitutional. The group highlights a major funding shortfall. This NHI Act legal challenge questions the plan’s massive tax burden. Huge Funding Required Research shows the NHI scheme requires huge funding. It…