‘Going Full Force’: Motsoaledi Presses Ahead With NHI Preparations Despite Court Order

The National Health Insurance (NHI) Act may be on holdbut the health department is not slowing down.

Health Minister Aaron Motsoaledi told Parliament’s portfolio committee on health on Wednesday that preparations for the controversial universal health coverage plan are proceeding “full force,” despite a court order halting implementation.

The Court Order

Motsoaledi and President Cyril Ramaphosa agreed last week not to proclaim or implement any sections of the NHI Act until the Constitutional Court has ruled on two legal challenges to Parliament’s public participation process.

The agreement was made an order of the court on 24 February, following an undertaking set out in a letter from the state attorney to litigating parties.

The Preparations

While implementation is paused, the department’s planning continues.

“We were about to ask the president to promulgate certain sections of the NHI Act… That is put on hold. But in terms of preparation, we are going full force,” Motsoaledi said.

This includes:

• Upgrading hospital infrastructure

• Introducing a national electronic patient record system

• Instituting price controls for private healthcare services

The Legal Challenges

The Constitutional Court is due to hear the two public participation challenges between 5 and 7 May.

• The Board of Healthcare Funders is challenging the process undertaken by the portfolio committee on health (National Assembly)

• The Western Cape is challenging the process conducted by the National Council of Provinces

The Warning

Business lobby group Sakeliga said it reserves its rights to approach the court should the minister breach the court order.

“We will monitor these so-called preparations and remind the minister that implementation of the NHI Act or exercise of his powers under that act is stayed, as per the court order,” said spokesperson Anton Meijer.

The Director-General

Pressed on the arrest of health director-general Sandile Buthelezi and two other senior officials on Monday, Motsoaledi said he has asked the presidency for advice on Buthelezi’s status, as directors-general are presidential appointments.

Buthelezi, deputy director-general for hospital services Percy Mahlati, and CFO Phaswa Mamogale were arrested and charged with fraud and theft relating to the payment of a service provider appointed for a disciplinary inquiry into a lower-ranking official.

They were each granted R10,000 bail and barred from entering the health department’s premises.

Motsoaledi dismissed media reports that the disciplinary inquiry was instituted to target a whistle-blower.

“I want to assure the committee that… I will never participate in any process that involves charging or persecuting a whistle-blower. I have worked in home affairs, and without whistle-blowers, the state cannot survive.”

The Bottom Line

The NHI Act is on holdbut the machinery is still turning. Preparations continue. Legal challenges loom. The director-general faces fraud charges. And the minister insists: “going full force.”

Whether that force translates into implementationor further court battlesremains to be seen.

{Source: BusinessDay}

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